HomeMy WebLinkAbout2008-01-28 AgendaAGEli~13A
VILLAGE ®F M®RT®N GR®VE
MEETING OF THE BOARD OF TRUSTEES
TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CEliTTER
Jannary 28,2008
Meeting 7:30 pm
1. Call to Order
2. Pledge of Allegiance
3. Roil Call
4. Approval of lYirnutes - Regular Meeting, January 14, 2008
5. Publie hearings
6. Special Reports
a. Recognition of the Morton Grove Chamber VIP Gabriel Berrafato
7. Resident's Comments (agenda items only)
8. President's Report -Adnsinistration, Northwest Municipal Conference, Council of Mayors, TIF
Committee, Capital Projects, Real Estate Committee
a. Mayor's Award to be Presented to Resident Tom Gorak
b. Proclamation -William Archibald Day -February 4, 2008
c. Apuointments
9. Clerk's Report -Condominium Association, Advisory Commission on Aging
10. Staff Reports
a. Village Administrator
1) Miscellaneous Reports and Updates
b. Corporation Counsel
11. Reports by Trustees
a. Trustee Brunner -Legal, Fancily and Senior Services Department, Cable and
Telecommunications Commission, Environmental IJealth, Waukegan Road TlF Review, Solid
Waste Agency of Northern Cook County (Trustee Kogstad)
I) Ordinance 08-OS (Introduced.Ianuary 28, 2008)
Approving and Adopting the Village of Morton Grove Retirement Plan as Amended and
Restated Effective January 1, 2008
b. Trustee a£ogstad -Community Relations Commission, Comprehensive Flan, Advisory
Commission on Aging (Trustee Mira)
c. Trustee lYfarens -Police Department, Police arcd Pire Commissforz, Real Estate Committee,
Clcancber of Commerce (Trustee Thill)
d. Trustee 10'Iinx -Finance Department, Real Estate Committee, Flan Commission, Ferris/Lehiglz
TIF Review, Fir°e Department, RED Center, MPSTA, Capital Projects, Police and Fire
Commission, Economic Development, Northwest Municipal Conference (Trustee Staackmann)
1) Ordinance 08-02 (Introduced Januarry 14, 2008)
Granting a Special Use Permit in the Village for Property Located at 8323 Nag]e Avenue
for a Commercial Radio Antenna Installation
2) Ordinance 08-04 (Introduced January 14, 2008)
Establishing Title 4, Chapter 17G Entitled Self-Storage Facility Accommodations Tax in
the Village
e. Trustee Staackmann -Building Deparhneni, Appearance Commission, ESDA,
IT/Communications, Dempster Sh°eet Corridor Plan (Trustee Brunner)
£ Trustee Thill -Public Wor°ks, Capital Projects, Traffic Safety Commission, Natural Resource
Commission, Solid Waste Agency ofNorthern Cook County (Trustee Marcus)
1) Resolution 08-04 (Inb•oducedTanuary 2$ 2008)
Authorizing a Bid Award and Execution of a Contract with G&L Contractors, Inc. for the
2008 Material Hauling Program
2) Resolution 08-OS (Introduced January 28, 2008)
Authorizing a Bid Award and Execution of a Contract with Steve Piper and Sons, Inc. for
the 2008 Tree Trimming Program
3) Resolution 08-06 (Inlroduced.Ianuary 28, 2008)
Authorizing the Purchase of a Replacement Etgin, Pelican Street Sweeper Through the
North Suburban Purchasing Cooperative Procurement Program
12. Other Business
13. Presentation of Warrants - $448,301.35
14. Residents Comments
15. Executive Session -Personnel, Labor Negotiations, and Real Estate
16. Adjournment - To ensure full accessibility and equal participation for all interested citizens, individuals with disabiluies
who plan to attend and who require certain accominodat(ons to order to observe and/or participate in dais neeeling, or ~~ho
have questions regarding the accessibilig~ of these facilities, are requested to contact Susan or Marlene (847/470-5220)
promptly to allow the Village to maP.e reasonable acconvmodaticns.
CALL TO ORDER
Village President Rick Krier called the meetino to order at 7:30 p.m. and led the assemblage in
the Pledge of Allegiance.
II. Village Clerk Carol Fritzshail called the roll. Present were: Trustees Georgianne Brunner, Roy
Kogstad, Rita Minx, and John Thill. Trustee Dan Staackmann had informed Mayor Krier that
he would not be at the meeting as he was not feeling well.
APPROVAL OF MINUTES
IV.
Regarding the Minutes of the December 10, 2007 Regular Meeting, Mayor Krier asked if
anyone had any changes or corrections to the Minutes. Seeing none, Trustee Minx moved,
seconded by Trustee Thill, to approve the December 10, 2007 Regular Meeting Minutes as
presented. Motion passed unanimously (with one absent) via voice vote.
Regarding the Minutes of the December 13, 2007 Reconvened Regular Meeting, Mayor Krier
asked if anyone had any changes or corrections to the Minutes. Seeing none, Trustee Minx
moved, seconded by Trustee Marcus, to approve the December 13, 2007 Reconvened Regu-
lar Meeting Minutes as presented. Motion passed unanimously (with one absent) via voice
vote.
PUBLIC HEARINGS
NONE
V.
SPECIAL REPORTS
a. Presentation of Employee Anniversary Awards
Mayor Krier and Administrator Wade presented anniversary awards to Adam Tabor of the Po-
lice Department for 10 years of service, Michael Mercieri of the Police Department for 15
years of service, Jerry Coursey of the Public Works Department for 15 years of service, and
Freya Maslov of the Police Department for 20 years of service. The assemblage congratu-
lated the group for their dedication.
`'; - .Minutes ofJanuary 14, 2006 i3oaM Meetn9l
V.
c.
d.
SPECIAL REPORTS (continued)
Presentation from the Federal Communications Commission (FCC)
Ms. Kris Julinak of the FCC spoke briefly on the upcoming requirement that televisions go
from analog to digital. She said that, as of February 17, 2009, analog signals will no longer be
able to be viewed. This is being done to free up more spectrum for public safety (police, fire,
etc.) use. The change will also mean better picture and sound quality. Ms. Julinak said that
the change to digital will also mean there will be more programming options, because four
programs can use one signal.
As of March 2007, the FCC had mandated that all televisions had to have a digital tuners re-
ceiver in them. Analog televisions can still be sold but they must be posted with a consumer
notice. People who have analog televisions can purchase adigital-to-analog converter box.
These boxes wilt be available in stores in 2008 and will have cone-time cost of $50 to $70. To
help consumers pay for these converters, the government will be offering two $40 coupons
per household. People can request the coupons beginning in January 2008. Ms. Julinak sug-
gested that people call 1-888-CALLFCC if they have any questions or for more information.
Plan Commission Chairman Ron Farkas presented this case. He said that this request differs
from others at that site in that these will be radio antennas, not wireless. They are low-
frequency transmission antennas in a remote part of the Village. The Plan Commission con-
cluded that the seven standards for granting a Special Use Permit were met and unanimously
(with two absent) recommended approval of this request. Trustee Marcus moved to accept
the Plan Commission's report. The motion was seconded by Trustee Minx and passed:
5 ayes, 0 nays, 1 absent.
Tr. Brunner ale Tr, Kogstad aye Tr. Marcus aye
Tr. Minx aye Tr. Staackmann absent Tr. Thill aye
6421-57 Dempster and 8717 Lincoln Avenue.
Chairman Farkas explained that the project itself, which will be 21 townhomes and two mixed
use buildings, hasn't changed, but an amendment is necessary for construction to progress.
Since a building permit was not issued within one year of the P.U.D. approval, the approval
has expired. The site work has been done, underground utilities have been installed, and
Lincoln Avenue has been widened-in all, about $2 million in work has been done to date.
A new construction schedule has been submitted, showing completion of construction by
April of 2010. No interested parties spoke at the Plan Commission hearing. Mr. Farkas said
the Plan Commission unanimously recommended approval of this request.
Trustee Marcus asked about the phasing of construction, and wondered, once construction
begins, when the Village could expect to see something on the site. Mr. Farkas said that a
detailed plan showing the phases was submitted and was in evidence; however, it's not a true
"phased" type of construction project. It all depends on the development group getting the fi-
nancing it requires.
_... minutes otJanuary 74, 2g(18 Board Meetng:'..
V. SPECIAL REPORTS (continued)
Mayor Krier said that this could be discussed more thoroughly later in the meeting when the
ordinance is brought up. He said there were some provisions in the ordinance that could help
answer some of Trustee Marcus' questions and address his concerns. Mayor Krier said that
the developer had to come back before the Plan Commission in order to request the exten-
sion, because they won't get financing without having a Special Use Permit.
Trustee Minx moved to accept the recommendation of the Plan Commission regarding case
PC07-10. Trustee Thill seconded the motion. Motion passed: 5 ayes, 0 nays, 1 absent.
Tr. Brunner aye Tr. Kogstad afire Tr. Marcus
Tr. Minx aye Tr. Staackmann absent Tr. Thill ave
VI. RESIDENTS' COMMENTS (Agenda Items Only)
a. Eric Poders. Mr. Poders spoke regarding Plan Commission cases PC07-08 and PC07-10.
He said that he had done a FO(A request on the tower referenced in case PC07-C8 and was
wondering if, in the future, the Village could tax the various entities cohabitating on the tower.
He also complimented Building Commissioner Ed Hildebrandt and Planner Bonnie Jacobson
on the clean-up of that site. Regarding case PC07-10, Mr. Poders had questions about the
Fnancing, about what the percentages of ownership are under the restructured organization,
and also wondered what Kropp Insurance's role in the project is. He also asked why would
this Board move forward with a Special Use Permit? Don't they need financing before the
Special Use Permit? Or do they need the Special Use Permit to get the financing?
Mayor Krier responded that, if he were a bank and someone wanted to borrow millions of dol-
lars for a project, but the Village hasn't agreed to approve the permit for it yet, he wouldn't
make that loan. Regarding the ownership question, Mayor Krier said the Village had enough
information legally to suffice. If the development group wanted to share more information, of
course, they certainly could. If they were to again request TIF assistance, the Village may
need more information than it has at present.
b. Bill Luksha. Mr. Luksha spoke regarding The Preserves project. He pointed out 4hat the real
estate market is not doing well right now. He thought that this particular project, which is sup-
posed to be 20%-30% retail and 70%-80% residential, should be mare heavily retail than res-
idential, because the Village could use the sales tax revenue. Mayor Krier said the Village
Board and staff are working very hard to get retail into Morton Grove. He pointed out some
examples of some big-box stores pulling out of their commitments in other towns. He noted
that the Village isn't spending money on this, just trying to geY things moving again.
Vil. PRESIDENT'S REPORT
h~ayor Krer asked fGi the Bvard~S %OilCUrfence tG ieappGint Diarie Grigg, Samina HuSSaiii,
and Robyn Caplan to the Community Relations Commission. Trustee Brunner so moved,
seconded by Trustee Minx. The motion passed unanimously (with one absent) via voice
vote.
Minutes of January't4, ZOD86oaN Meeting.
VIII. CLERK'S REPORT
Clerk Fritzshall said that the Condo Association meeting scheduled for February 6, 2008 has
been cancelled.
Clerk Fritzshall announced that early voting will began today and will go through January 31,
2008. She said that Morton Grove is now on the list as an early voting location, sa interested
residents can come to Village Hall Monday through Friday between 8:30 a.m. and 5:00 p.m.,
or on Saturdays between 9:00 a.m. and noon, to vote. Clerk Fritzshall reminded everyone
that the Presidential Primary will be held on February 5, 2008 and the General Election will be
on November 4. People interested in voting in the Primary can go downtown to the Clerk's
office at 69 West Washington, Chicago to register and vote from now to January 22ntl
Mayor Krier commended Clerk Fritzshall for her efforts to get Morton Grove included on the
list of sites for early voting.
IX. STAFF REPORTS
A. Village Administrator
a. Mr. Wade said that the City of Chicage has notified the Village about upcoming water rate in-
creases. Chicago will raise the price of water to the Village by 15% as of January 2008, 15%
in January 2009, and 14% in January 2010. These rate increases are necessary to continue
b. the level of service the City's water customers-individuals as well as the 124 municipalities
that purchase water from Chicago-expect. The increased revenue will help the City's water
and sewer infrastructure renewal and replacement program, and will allow the City to proceed
with facility upgrades. The cost increases are also needed to keep up with all of the increas-
ing costs of operation and maintenance, and costs associated with regulatory compliance.
Mr. Wade said that the Village has a consultant working on doing a water rate analysis, which
will be presented to the Board possibly in March. The firm is reviewing Morton Grove's future
water needs projected over the next 10-20 years, and how the Village will pay for water.
B.
X.
A. Trustee Brunner:
Corporation Counsel:
Ms. Liston had no report.
TRUSTEES'REPORTS
Trustee Brunner presented Ordinance 08-01, Establishing Title 7; Chapter 7A Entitled
"Cable and Video Customer Protection Law" in the Village of Morton Grove.
She explained that this ordinance will adopt by reference the State of Illinois Cable and Video
Customer Service Protection Law. By adopting the State statute, local officials will be able to
enforce the Cable and Video Customer Protection Law through the Village's adjudication sys-
tem and through the Circuit Court of Cook County.
Minutes of Janua 14, x0088oard Meetin'1
X.
TRUSTEES' REPORTS (continued)
A. Trustee Brunner: (continued)
Trustee Brunner moved to waive the second reading of this ordinance since it adopts existing,
published State law. Trustee Minx seconded the motion. Motion passed: 5 ayes, 0 nays,
1 absent.
Tr. Brunner aye Tr. Kogstad aye Tr. Marcus awe
Tr. Minx aye Tr. Staackmann absent Tr. Thill
Trustee Brunner then moved, seconded by Trustee Minx, to adopt Ordinance D8-01. Motion
passed: 5 ayes, 0 nays, 1 absent.
Tr. Brunner ~ Tr. Kogstad awe Tr. Marcus
Tr. Minx a~ Tr. Staackmann absent Tr. Thill a~~e
2. Trustee Brunner then presented Resolution 08-01, A Resolution Authorizing the Execu-
tian of an Agreement Between the Village of Morton Grove and Windy City Amuse-
ments, Inc. to Supply Carnival Rides and Amusements for the 2008 through 2010 Fourth
of July Festivities.
She said that, for several decades, the Village's Morton Grove Days festivities have included
carnival rides and related attractions. Since at (east 1994, Windy City Amusements, lnc. had
provided these rides to the satisfaction of the Village. Previously, the contract with Windy City
was negotiated by the Morton Grove Days Commission and/or the Morton Grove Park District.
However, this year, the Commission has asked the Village to negotiate, manage, and enter
into this contract. Village staff has negotiated athree-year agreement with Windy City
Amusements which may be cancelled by either party upon nine months advance written no-
tice. The Village, on behalf of the Morton Grove Days Commission, will receive 25% of all re-
ceipts up to $100,000, and 30% of all receipts in excess of $100,000. Those funds will be
used to pay for other Morton Grove Days expenses, such as fireworks, entertainment, and pa-
rade activities.
Trustee Brunner moved to approve Resolution 08-01, seconded by Trustee Minx. Motion
passed: 5 ayes, 0 nays, 1 absent.
Tr. Brunner ~e Tr. Kogstad aye Tr. Marcus
Tr. Minx aye Tr. Staackmann absent Tr. Thill awe
Mayor Krier thanked Corporation Counsel Liston and Administrator Wade for negotiating the
contract. He felt the Village had gotten very good terms.
3. Next, Trustee Brunner introduced Resolution 08-03, A Resolution Authorizing an Amend-
ment to a Lease Agreement By and Between the Village of Morton Grove and SBC
Tower Holdings, LLC, for Installing, Operating, and Maintaining Communications Facili-
ties at 6101 Capulina Avenue.
She explained that this resolution will authorize two ten-year extensions of the Village's cur-
rent lease of Village Hall property for the monopole and communication facilities. The first ten-
year extension begins May 1, 2008. Rent will increase beginning May 1 to $24,000 per year
payable in equal monthly installments. Beginning May 1, 2009, and each year thereafter, rent
shall increase equivalent to the Consumer Price Index. If the tenant enters info any agree-
ments with any third parties for the collocation of communication equipment on the monopole,
Minutes of January 14, 2008'Hoard Meeting
X.
TRUSTEES' REPORTS (continued)
A. Trustee Brunner: (continued)
the Village shall receive, in addition to the annual rent, 35% of future collocation revenues re-
ceived by the tenant.
Trustee Brunner moved, seconded by Trustee Minx, to approve Resolution 08-03. Motion
passed: 5 ayes, 0 nays, 1 absent.
Tr. Brunner aye Tr. Kogstad aye Tr. Marcus awe
Tr. Minx aye Tr. Staackmann absent Tr. Thill ave
4. Trustee Brunner said that the Board of Environmental Health is still encouraging people to
participate in the Nike "Reuse-a-Shoe" program in conjunction with the Solid Waste Agency of
Northern Cook County (SWANCC). There is a collection box at Village Hall for all used ath-
letic shoes; however, shoes that have metal eyelets, zippers, cleats, or spikes cannot be do-
nated.
5. Trustee Brunner announced that LifeSource would be holding a blood drive at the Civic Center
on February 7 between 2:00 p.m. and 6:00 p.m. She encouraged donors to call LifeSource for
an appointment, but noted that "walk-ins' are always welcome.
8• Trustee Brunner reminded the assemblage that the Sharps Disposal Program and the pre-
scription drug disposal program are continuing at the Civic Center on Mondays through Fri-
days, from 9:00 a.m. to 4:00 p.m. For the prescription drug disposal program, residents are
asked to leave the medicine in its original container from the pharmacy. They can rip off any
personal information but must leave the name of the medication intact.
7. Trustee Brunner noted that used batteries can now be recycled at Walgreens stores. She
also stated that SWANCC will be doing a presentation regarding recycling at the Village Board
Meeting on February 25, 2008.
B. Trustee Kogstad:
Trustee Kogstad had no report.
C. Trustee Marcus:
Trustee Marcus announced that the Chamber of Commerce would be holding its annual "VIP
of the Year" dinner on January 31, 2008, at the Chateau Ritz in Niles. This year's VIP is Gabe
Berrafato, former Corporation Counsel. The Chamber will also announce its "Business of the
Year" at the dinner. P.esidents are eligible to in this contest. Trustee Marcus said anyone in-
terested in attending the dinner or voting for their favorite business should contact the Cham-
ber at (847) 965-0330.
Minutes ofJanuary 74, 2008 Board Meeting
X.
D.
TRUSTEES' REPORTS (continued)
Trustee Minx
Trustee Minx presented for a first reading Ordinance 08-02, An Ordinance Granting a Spe-
cial Use Permit in the Village of Morton Grove for Property Located at 8323 Nagle Ave-
nue For a Commercial Radio Antenna Installation..
Trustee Minx explained that this ordinance is pursuant to Plan Commission Case PC07-08,
which had been reported out earlier this evening. This ordinance would grant a Special Use
Permit to install two radio antennas on an existing tower at 8323 Nagle Avenue.
There was no further discussion on Ordinance 08-02.
2. Trustee Minx then presented for a first reading Ordinance 08-03, An Ordinance Granting a
Special Use Amendment in the Village of Morton Grove for the Property Located at 6415
Dempster, 6421-6457 Dempster, and 8717 Lincoln Avenue, to Extend a Time Extension
to Commence and Proceed with Construction of a Planned Unit Development.
She explained that this ordinance was pursuant to Plan Commission Case PC07-10, which
had been reported out earlier this evening. This ordinance would allow an amendment to the
Special Use Permit approving a planned unit development for this site to allow for a time ex-
tension for the progression of construction. An extension of time is needed as the project
stalled due to lack of financing. The general contractor for the site has assured the Village
that, when financing has been secured, construction will progress pursuant to an appropriate
construction schedule.
Trustee Minx pointed out that the ordinance contains eight provisions which protect the Village
and respond to some of the questions/concerns discussed earlier, including a provision stating
that, if financing has not been approved by the end of April 2008, this ordinance and the ex-
tension are subject to further review, modification, and/or revocation.
Tr. Brunner ~ Tr. Kogstad ~ Tr. Marcus
Tr. Minx awe Tr. Staackmann absent Tr. Thill
In the interests of timing, Trustee Minx moved to waive the second reading of this ordinance.
Trustee Thill seconded the motion. Motion passed: 5 ayes, 0 nays, 1 absent.
Tr. Brunner awe Tr. Kogstad ~ Tr. Marcus arse
Tr. Minx afire Tr. Staackmann absent Tr. Thill afire
Trustee Minx then moved, seconded by Trustee Thill, to adopt Ordinance 08-03. Motion
passed: 5 a}~es, 0 nays, 1 absent.
Next, Trustee Minx introduced for a first reading Ordinance 08-04, Establishing Title 4,
Chapter 17G Entitled Self-Storage Facility Accommodations Tax in the Village of Morton
Grove."
She explained that, in order to raise additional revenue, this ordinance would impose a tax of
five percent of the gross rental or leasing charges of self-storage facility accommodations.
This tax is expected to generate $50,000 in General Fund revenue.
"" "" "- YYlinutes of Janua 14, 2o086oard Meetin'"'
X.
D. Trustee Minx: (continued)
TRUSTEES' REPORTS (continued)
Mayor Krier commented that the Village had sent notices to the self-storage facilities within its
Corporate Limits but none have responded to date.
Trustee Thill wondered if the ordinance could be "tightened up" a bit. He suggested slightly
changing the verbiage fo make the facilities pay the tax whether their tenants pay them or nof.
He also felt that outside storage should be taxable as well as inside storage. Corporation
Counsel Liston said she could make the change regarding the outside storage, but not Trus-
tee Thill's suggested change about making the facilities pay the tax whether their tenants pay
them or not. Ms. Liston explained that this is a tax on revenues collected, so if a facility col-
lects from its tenant, then the Village can collect from the facility.
Trustee Kogstad had a couple of questions. He wondered how the Village came up with the
5% figure, and if other municipalities were looked at in this regard. If so, he asked if that list
could be made available to the trustees. He also wondered how the $50,000 revenue projec-
tion was obtained.
Administrator Wade responded that Ancel & Glink, special counsel to the Viilage, had re-
searched this matter. They learned that the self-storage facility accommodations tax is rela-
tively new in Illinois-in fact, only one other municipality has established such a tax. He said
that this type of tax is more prevelant in the East. The model they used was 5%.
There was no further discussion on Ordinance 08-04.
4. Trustee Minx announced that the Firefghters Association Food Drive helped 42 families in
Morton Grove and Niles. In addition to the food collected, the group used the monies that had
been donated to purchase turkeys, hams, and Golf Mill gift certificates. Trustee Minx thanked
Firefighter Dennis Kennedy for heading up this effort.
Trustee Staackmann
Trustee Staackmann was absent - no report.
Trustee Thill
Trustee Thill presented Resolution 08-02, Authorization to Execute an Agreement with
Ciorba Group, Inc. far the Waukegan Road Lighting improvement Project.
He explained that ~^.~aukegan Road, from Main Street to Dempster, vas identified as an area
in need of additional lighting for vehicle and pedestrian safety. The Village applied for and re-
ceived funding for engineering and construction in the amount of $335,700 for this project
through the federally funded Highway Safety Improvement Program. The agreement with
Ciorba Group is to develop the detailed engineering plans for this project. The Village's portion
of the total estimated project cost is $37,300.
Minutes of January 1A, 2008 Boartl Meeting{
X.
F
XI.
TRUSTEES' REPORTS (continued)
Trustee Thill: (continued)
Trustee Thill moved to adopt Resolution 08-02, seconded by Trustee Brunner. Motion
passed: 5 ayes, 0 nays, 1 absent.
Tr. Brunner aye Tr. Kogstad ~ Tr. Marcus
Tr. Minx awe Tr. Staackmann absent Tr. Thill afire
Mayor Krier thanked Administrator Wade, Public Works Director Andy DeMonte, and Engineer
Ryan Gillingham for successfully obtaining the federal funding for this project.
OTHER BUSINESS
NONE
X! I.
WARRANTS
Trustee Minx presented the Warrant Register for December 24, 2007, which totaled
$1,367,391.45. She moved to approve the Warrants as presented, seconded by Trustee
Marcus. Motion passed: 5 ayes, O nays, 1 absent.
Tr. Brunner aye Tr. Kogstad a~ Tr. Marcus awe
Tr. Minx awe Tr. Staackmann absent Tr. Thill aye
b. Trustee Minx then presented the Warrant Register for January 14, 2008, which totaled
$1,459,804.72. She moved to approve the Warrants as presented, seconded by Trustee
Marcus.
Trustee Thill had a question regarding a payment to the Morton Grove Animal Hospital of
$2,375.09. He wondered if there was any way the Village could recoup this money.
Administrator Wade said that, when stray dogs and cats are found, they are picked up and
taken to the animal hospital, where they are treated and boarded while the owner is searched
out. Mayor Krier said,. if the owner is located, the costs are passed along to him/her. The ani-
mal hospital does have certain minimum treatments that they do (i.e., rabies shot) whenever a
stray is brought in. Trustee Brunner pointed out that the new animal control ordinance, ap-
proved in 2007, reduces the number of days that strays are boarded at the hospital.
Mayor Krier called for a vote on the Warrant Register for January 14, 2008. Upon the vote,
the motion passed: 5 ayes, 0 nays, 1 absent.
Tr. Brunner ~ Tr. Kogstad ~? Tr. Marcus
Tr. Minx awe Tr. Staackmann absent Tr. Thill awe
....... _... _... Minutes of JanuaN 74, 2008 poard Meeting'.
XIII. RESIDENTS' COMMENTS
Bill Luksha. Mr. Luksha said that improving the lighting on Waukegan Road is very important.
He said that his friend, Sherwin Dubren, had contacted the Illinois Department of Transporta-
tion regarding the staging of stop lights on Waukegan Road near Dempster as well.
Also, in terms of helping out fellow citizens in Morton Grove and Niles, Mr. Luksha pointed out
that the Boy Scouts collected food for the Niles Township Food Pantry, which helps 1,500
families every month in Skokie and Morton Grove. Mr. Luksha also felt the Village should "do
more" for its seniors.
Eric Poders. Mr. Poders said that he attends a lot of meetings and felt there was a lot of in-
formation not being disseminated to the residents; for example, the McDonalds on Dempster
is planning to redevelop; the Community Relations Commission is planning something special
to recognize long-term residents; etc.
Mayor Krier said he recommended residents getting their news from the Village-from him,
the trustees, or the staff-because the information will be "in context" and they'll get the whole
story, not just snippets of information.
Mayor Krier announced that he would be presenting the "Mayor's Award" at the next Board
Meeting.
XIV. ADJOURNMENTIEXECUTNE SESSION
There being no further business, Trustee Minx moved to adjourn to Executive Session to
discuss the purchase of real estate, personnel, labor negotiations, and general real estate
matters. The motion was seconded by Trustee Marcus. Motion passed: 5 ayes, 0 nays;
1 absent.
Tr. Brunner ~ Tr. Kogstad awe Tr. Marcus afire
Tr. Minx aye Tr. Staackmann absent Tr. Thill a~~e
The Board adjourned to Executive Session at 8:53 p.m.
Mayor Krier called the Executive Session to order at 9:09 p. m. In attendance were Trustees
Brunner, Kogstad, Marcus, Minx, and Thill, as well as Clerk Fritzshall, Village Administrator
Wade, Corporation Counsel Liston, and Community and Economic Development Director
Neuendorf. One guest was also present: Steve Friedman of S.B. Friedman and Associates.
There being no further business, Trustee Minx moved to adjourn the Executive Session at
10:28 p.m. The motion was seconded by Trustee Marcus and passed unanimously via voice
vote. Trustee Minx then moved to adjourn the regular meeting. Trustee Marcus seconded the
motion, which passed unanimously via voice vote. The meeting adjourned at 10:29 p.m.
10
"" Minutes of January 14, 20D8 Board Meeting'..
PASSED this 28th day of January, 2008.
Trustee Brunner
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staackmann
Trustee Thill
APPROVED by me this 28th day of January, 2008.
Richard Krier, Village President
Board of Trustees, Morton Grove, Illinois
APPROVED and FILED in my office this 29th day of January, 2008.
Carol A. Fritzshall, Village Clerk
Village of Morton Grove
Cook County, Illinois
M=.nU±s^. by. Teresa Couear
tt
WHEREAS, the Village of Pvioriori Grave would like to pay tribute and recognize the accomplishments of
Gabriel S. Berrafato; and
WHEREAS, Gabriel Berrafato was born and raised in the Chicagoland area and earned his undergraduate
degree and law degree from DePaui University, and as such is a devoted and loyal DePaui Blue Demons
basketball fan; and
WHEREAS, as a dedicated attorney, Gabriel is a member of the Illinois State Bar Association, the
Chicago Bar Association, as well as a member of the Justinian Society; and
WHERAS, while Gabriel's professional career has predominantly centered around real estate and estate
planning, he has also participated in local government serving as the Village of Morton Grove's attorney for six
mayors. He has also served as General Counsel for the Niles and Morton Grove Park Districts; and
WHEREAS, Gabriel's other accomplishments include being Chairperson for the Morton Grove Sign Board
of Appeals, Secretary of Morton Grove Fire and Police Commission, a member of the Oakton Community College
Ad Hoc Site Committee, and a member of the Village of Morton Grove Beautification Committee; and
WHEREAS, Gabriel has also had a distinguished community service career which includes being the
Director of the Morton Grove Chamber of Commerce and Industry, State Director of the Morton Grove Jaycees, a
member of the Board of Directors for the Action Party, and a 40 year member of the American Legion Post #134;
and
WHEREAS, Gabriel Berrafato also adds to his credit seven children and ten grandchildren; and
WHEREAS, Gabriel credits his varied successes to his recently diseased wife, Irene, who always took
charge of his very successful family and friends.
NOW, THEREFORE, I, Richard Krier, Mayor of the Village of Morton Grove do hereby proclaim January
28, 2008, as
~,~ARiEL ~. ~~RRAFRT® SAY
In witness hereof, I have hereunto set my hand and caused to be affixed the seal of
the Village of Morton Grove.
Richard Krier, Village President
~iCCage of Morton Grove
~Y ' S A A I)
~resentecCthis
28tr any ~-~;wr~~ y ?nn~
to
Z'~M ~i®
S~C~3
"I 6eCteve a man skouCd 6e proud of the city in
which he Cves and that he s(zoufd so Cve that
his city wilC6e proud t&at he Cves in it. " ___
Abraham Lincoln
4NHEREAS, the Village of Morton Grove would like to pay tribute and recognize the
accomplishments of William (BiIP} Archibald as a long time Lions Club member; and
WHEREAS, `/'/ilfiam has been a member of the Morton Grave Lions Club since 1967; and
WHEREAS, William also served as the Morton Grove Lions Club president from 1979 to
1980; and
WHEREAS, WiI@iam also received the Me/vin Jones Fellowship Award in recognition of his
commitments to the world community and helping the blind. l`his award being the highest award
the Lions Club International Foundation presents for humanitarian services; and
WHEREAS, for many years William designed for the Lions Ciub the Fourth c>f July floats for
the Morton Grove Days parades. He also designed many of the Lions Club pins which are still
worn today by Lions Club members; and
WHEREAS, William and his late wife Lottie enjoyed travePing and attended various
conventions throughout the years making Morton Grove known throughout the country; and
V`JHEREAS, Wiiiiam in a grateful gesture credits his wife for his many successes and
involvements throughout his life.
tJOW, THEREFORE, I, Richard Krier, Mayor of the Village of Morton Grove do hereby
proclaim February 4, 2008, as
i~PiLLiANi ~B6LL) AR~HiB~tL® i~~Y
and urge all citizens of the Village of Morton Grove to become more involved in their oommunity
Together we can make a difference.
In witness hereof, I have hereunto set my hand and caused to be affixed the seal of the
Village of Morton Grove.
,~"
~=°
°' ~ 7`
., ,~,
P, .n~
tr ,;~ . ~.~ . .
F_ ~~
RidharcP Krier, Village President
Legislative Summary
Ordinance 08-OS
APPROVING AND ADOPTING THE VILLAGE OF MORTON GROVE RETIREMENT PLAN
AS AMENDED ANl'1 RESTATED EFFECTIVE JANUARY I, 2008
Introduction:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendafion:
First Reading:
SpeciaE Considerations or
Requirements:
January 28, 2008
This ordinance will approve amendments and a restatement of the Village of Morton Grove
General Employees' Retirement Plan so the document complies with recent changes to Che
Internal Revenue Code.
The IRS now requires all general employees' retirement plans to be reviewed and updated every
five years.
The Village of Mo:zon Grove General Employees' Retirement Plan provides retirement benefits
for employees other than sworn police offices and firefighters hired prior to January 1, 2005
(employees hired after this date participate in the IMRF Retirement Plan). The plan was initially
established in 1965 and has been amended periodically since that time. In order to comply with
recent changes within the Internal Revenue Code, and to continue to qualify under Sections
401A and 501A of the Internal Revenue Code, the Village seeks to amend the plan, and for
convenience has restated the plan to incorporate all amendments approved prior to this time.
Changes have been recommended by the Village's Special Counsel and must be approved by the
Board and submitted to the Internal Revenue Code before January 3l; 2008. The Internal
Revenue Code also requires all affected employees receive notice of these changes. The Vi(Iage
has since posted notice of these changes to affected Village employees.
All employees participating in this pension plan.
None
N/A
The Village Administrator's office and the Legal and Finance Departments will manage the
implememation of these amendments as part of their normal workload.
Approval
January 28, 2008
Staff has requested this ordinance be adopted at its first reading, since proof of passage is
necessary in order for Che plan to be submitted Co the IRS by the January 31, 2008, IRS imposed
deadline.
Respectfully submitted.: Q,A,(~{~~,~E Prepared by
Jo h F.d ade, ' lage Administrator Teresa
Reviewed by: _ _
flar+ief~ artipilo, Financ D fiector/Trea urer
Cotporatiou Comtsel
ORDIl~A1~1CE 0~-OS
APPROVING AND ADOPTING THE VILLAGE OF MORTON GROVE RETIREMENT
PLAN AS AMENDED AND RESTATED EFRECTIVE JANUARY i, 2008
WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois,
is a home rule unit of government under the provisions of Article 7 of the 1170 Constitution of
the State of Illinois, can exercise any power and perform any function pertaining to its
government affairs, including but not limited to the power to tax and incur debt; and
WHEREAS, the VILLAGE, by Resolution, has established a pension plan for the benefit
of its eligible civilian (non-sworn) employees with a group annuity deposit administration
contract on December 21, 1965, effective January 1, 1966; and
WHEREAS, the plan was subsequently amended and restated by the Village effective
January I, 1981, and has been periodically amended thereafter; and
WHEREAS, in order for the Plan to continue to qualify under Sections 401a and SOla of
the Internal Revenue Code of 1986, the Village now desires to further amend the Plan effective
January 1, 2008, and for convenience deemed it desirable to restate the provisions of the Plan in
their entirety rather than amend specific provisions piecemeal; and
WHEREAS, in addition to restating the Plan to include all prior approved amendments,
the Village desires to amend the Plan in certain minor respects so that it complies with technical
changes to the Internal Revenue Code including certain minimum distribution rules and IRS
required limitations of pension benefits.
NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OP MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION is The Corporate Authorities do hereby incorporate the foregoing
WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the
findings as hereinabove set forth.
SECTION 2: The Corporate Authorities do hereby approve and adopt the Village of
Morton Grove Retirement Plan as amended and restated effective January I, 2008 in substantial
conformity with Exhibit "A".
SECTION 3: The Village President is hereby authorized and empowered to sign the
Retirement Plan and all related documents and the Village Clerl< is hereby authorized to attest
such signature.
SECTION 4: The Village Administrator and the Director of Finance/Treasurer and/or
their designees are hereby authorized to take all steps necessary to implement the Retirement
Plan as amended and restated.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED this 28d' day of January 2008.
Trustee Brunner
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staackmann
Trustee Thill
APPROVED by me this 28ti' day of January 2008.
Richard Krier, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
this 29th day of January 2008.
Carol A. Fritzshalls Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative/Ord/emp retiremea~[ plan amendment
VILLAGE OF MORTON GROVE
RETIREMENT PLAN
(as"amended and restated effective January 1, 2008)
Jay P. Tarshis
Arnstein & Lehr LLP
120 South Riverside Plaza..
Suite 1200
Chicago, IL 60606
ARTICLE I
Definition of Terms
ARTICLE ii.
Employees Entitled to Participate
2.1 Entry Date ...................................................................................... ..................11
2.2 Leave of Absence .......................................................................... ..........:.......12
2.3 Break in Service ............................................................................ ..................12
2.4 Eligibility Determined by the Employers ........................................ ..................12
ARTICLE III.
Employer Contributions
3.1 Annual Contribution ................................................................:...... ..................12
3.2 Actuarial Assumptions ....................:.....:........................................ ..................13
ARTICLE IV.
Mandatory Employee Contributions
4.1 .Mandatory Employee Contributions .........:..................................... ..................13
ARTICLE V.
Retirement Benefits
5.1 Monthly Retirement Benefit .....................................................:..... ..................13
5.2 Adjustment to Current Compensation ............................................ ..................13
5.3 Normal Retirement Benefit ............................................................ ..................13
5.4 Early Retirement Benefit ................................................................ .............:....14
5.5 Continued Employment ................................................................. ..................14
5.6 Disability Benefit ............................................................................ ..................14
5.7 Return of Mandatory Employee Contributions ............................... .............:....16
5.8 Rollover Accounts .......................................................................... ..................16
5.9 Limitation on Benefits .................................................................... ..................16
ARTICLE VI.
Pre-Retirement Death Benefit
6.1 Pre-Retirement Death Benefit ..........................................................................16
ARTICLE VII.
Termination Benefits
7.1 Determination of Benefits Upon Termination of Employment ............. .............17
7.2 Service Upon Termination .................................................................. .............17
7.3 Amendment of Vesting Schedule ....................................................... .............18
7.4 Forfeitures .......................................................................................... .............18
ARTICLE v'lll.
Denial of Claims and Appeal Procedure
8.1 Claims Procedure ....................................,.......................................................18
8.2 Claims Review Procedure ...............................................................................18
ARTICLE IX.
Valuation of the Fund
ARTICLE X.
Forfeitures
ARTICLE XI.
Payment of Benefits
11.1 Normal and Optional Forms for Payment of Retirement Benefits .......... ..........19
11.2 Time of Payment of Benefits .................................................................. ..........21
11.3 Designation of Beneficiary ..................................................................... ..........21
11.4 Participant Information ........................................................................... ..........21
11.5 Distribution for Minor or Disabled Beneficiary ........................................ ..........22
11.6 Indemnification of Plan Administrator .................................................... ..........22
11.7 Proper Payee of Benefits in Dispute ...................................................... ..........22
11.8 Required Proof for Administrator ........................................................... ..........22
11.9 Distribution Requirements ..................................................................... ..........23
ARTICLE XII.
Administrator's Powers. Rights and Duties
12.1 Investment Powers and Duties of the Administrator ........................................32
12.2 Defense of Plan ...............................................................................................32
12.3 Authority of Administrator ................................................................................32
12.4 Reliance on Administrator ...............................................................................32
ARTICLE XIII.
Funding
13.1 Funding Policy .................................................................................................32
13.2 Minimum Funding Standard Account ...............................................................33
ARTICLE XIV.
Loans to Participants
ARTICLE XV.
Administration
15.1 Administration of the Plan ................................................. ...............................33
15.2 Adjustments ...................................................................... ...............................33
15.3 Payment of Administrative Expenses ............................... ...............................33
15.4 Annual Report of the Administrators ................................. ...............................33
15.5 Administrators Protective Clause ...................................... ...............................33
15.6 Fiduciary Responsibility .................................................... ..........._..................34
ARTICLE XVI.
Amendment and Termination
16.1 Amendment of Plan .........................................................................................34
16.2 Termination ......................................................................................................35
16.3 Tota{ Vesting Upon Termination ................................................... ...................35
16.4 Events of Plan Termination .......................................................... ...................35
ARTICLE XVII.
Miscellaneous
17.1 Participant's Rights ....................................................................... ...................35
17.2 Benefits Solely from Group Contract ............................................ ...................35
17.3 Status of Group Contract and Insurer ........................................... ...................36
17.4 Prohibition Against Diversion of Funds ......................................... ...................36
17.5 Certified Evidence ........................................................................ ...................37
17.6 Named Fiduciaries and Allocation of Responsibility .................... ...................37
17.7 Returned Distribution .................................................................... ...................37
17.3 Return of Contribution .................................................................. ...................37
17.9 Governing Law ............................................................................. ...................37
17.10 Merger or Consolidation ...............................................................................37
17.11 Notice Upon Distribution ..............................................................................37
ARTICLE XVII1.
Payment of Benefits Upon Early Termination of Plan
18.1 Restrictions Upon Distribution at Early Termination ........................................38
18.2 Benefit Payable to a Restricted- Participant ....................................................38
18.3 Related Participant ..........................................................................................38
18.4 Death cr Survivor's Benefits ............................................................................39
18.5 Benefit Limitation Agreement .......................................................................... .39
18.6 Termination of Plan Within 10 Years of Effective Date ................................:.. .39
18.7 Special Rules Relating to Veterans Reemployment Rights Under USERRA . .39
ARTICLE XIX.
Portability
19.1 Portability ........................................................................................................ .40
19.2 Definitions ....................................................................................................... .40
ARTICLE XX.
Limitation on Benefits
iv
VILLAGE OF MORTON GROVE
RETIREMENT PLAN
(as amended and restated effective January 1, 2008)
The Village of Moron Grove and tha Rnard Qf I ihra 'i nira~torS of the Vllla^ye Of
Morton Grove (hereinafter referred to collectively as the "Employers" and individually as
an "Employer"} established a retirement plan referred to as the "Village of Morton Grove
Retirement Plan" (the "Plan"} effective January 1, 1966, for the benefit of their
respective eligible employees. Each of the Employers are a municipality or semi-
governmental agency, and the Plan is a "governmental plan" within the meaning of
Section 414(d) of the Internal Revenue Code of 1986 and Section 3(52) of the
Employee Retirement Income Security Act of 1974.
The Plan was subsequently amended and restated by the Employers effective
January 1, 1981 and periodically amended thereafter. In order for the Plan to continue
to qualify under Sections 401 (a} and 501(x) of the Internal Revenue Code of 1986, the
Employers now desire to further amend the Plan, effective January 1, 2008 (unless a
different effective date is indicated), and for convenience deem it desirable to restate
the provisions of the Plan in their entirety rather than amend specific provisions
piecemeal
NOW, THEREFORE, pursuant to the provisions of Section 16.1 of the Plan and
in accordance with resolutions duly adopted by each of the Employers, the Employers
hereby amend the terms and conditions of the Plan in the form and manner hereinafter
contained.
ARTICLE I
Definition of Terms
Unless the context otherwise clearly indicates, the following terms shall be
construed as hereinafter defined:
1.1 The term "Accrued Benefit" shall mean an amount equal to the greater of
(a) the monthly normal retirement benefit payable commencing at a Participant's norma
retirement date determined in accordance with Section 5.3 (based on the Participant's
Average Monthly Compensation and Years of Benefit Accrual at his termination of
employment), or (b) an annuity which can be purchased on a single premium basis with
a Participant's Mandatory Employee Contributions together with interest thereon at the
rate of five percent (5%) per annum from the date of contribution to the Participant's
termination of employment. This interest rate shall be changed according to Section
411(c)(2)(p) of the Code and the Regulations thereunder. The annuity provided in (b)
above shall be payable in the same form as the Participant's monthly normal retirement
benefit,
The Accrued Benefit of any Participant electing to participate in the Illinois
Municipal Retirement Fund, 40 ILCS 5/7-101 et seq. ("IMRF"), as herein provided, shad
be frozen effective December 31, 2004. The benefit of any Participant who elects to
participate in IMRF shall be paid in the manner and at such #ime as shall be otherwise
provided in the Pian.
1.2 The term "Actuarial Equivalent" shal6 mean an amount epos( in terms of
present value based on the following actuarial assumptions: pre-retirement investment
return - 7%; post-retirement investment return - 8%; and mortality - UP 1984 Table
set back 3 years for both males and females. The annual compensation of active
Participants is assumed to increase at the rate of five percent (5%} per annum,
compounded annually. Total base salary is assumed fo increase at the rate of 4% per
year. Participants are assumed to terminate their employment due to causes other than
retirement, death or Permanent Disability based on the following schedule:
Employee Withdrawal Rate
Per 1,000 Employees
25 54
30 48
35 44
40 39
45 31
50 16
55 4
60 and over 0
Far Plan Years beginning after December 31, 1999, solely for purposes of
satisfying Section 415(b)(2)(E) of the Gode and the limitations of Article XX of the Plan,
the ferm "Actuarial Equivalent" shall have the meaning provided below.
For purposes of determining the amount of a distribution in a farm other than in
an annual benefit thaf is non-decreasing for the life of the Participant or, in the case of a
quali@ed pre-retirement survivor annuity, the life of the Participant's spouse; or that
decreases during the life of a Participant merely because of the death of the surviving
annuitant (but only if the reduction is to a level not below 50% of the annual benefit
payable before the death of the surviving annuitant) or merely because of the cessation
ar reduction of social security supplements or qualified disability payments, Actuarial
Equivalence will be determined on the basis of the Applicable ft4ortality Table (defined
below} and Applicable interest Rate under IRC §417(e), if it produces a benefit greater
than that determined under the preceding paragraph. The preceding paragraphs of this
Section wilt not apply to the extent that they would cause any benefits under the Plan to
2
fail to satisfy the requirements of IRC §415(b) or Regs. §1.401(a)(4)-6 and Regs.
The term "Applicable Interest Rate" is the rate of interest on Thirty Year Treasury
securities as specified by the Commissioner for the "Look Back Month" for the "Stability
Period." The Look Back Month applicable to the Stability Period is the fourth (4th)
calendar month preceding the first day of the Stability Period. The Stability Period is the
calendar year that contains the "Annuity Starting Date" for the distribution and for which
the Applicable Interest Rate remains consfant. The Annuity Starting Date is the first day
of the first period fer which an amount is paid as an annuity or any other form of
payment. A Plan amendment that changes the date for determining the Applicable
Interest Rate (including an indirect change as a result of a change in Plan Year) shall
not be given effect with respect to any distribution during the period commencing one
year after the later of the amendment's effective date or adoption date, if, during such
period and as a result of such amendment, the Participant's distribution would be
reduced. The Applicable Mortality Table is set forth in Rev. Rul. 2001-62, 2001-53,
L R. B. 632.
1.3 The term "Anniversary Date" shall mean December 31 of each year.
1.4 The term "Average Monthly Compensation" shall mean the monthly
average compensation of the Participant during the forty-eight (48) consecutive months
during which the Participant received his highest compensation, divided by forty-eight
(48) to determine the monthly average. If a Participant has less than forty-eight (48)
consecutive months of employment with an Employer then the average shalt be
determined by dividing his total compensation during his total consecutive months of
employment by the number of months in such period.
For purposes of determining a Participant's Average Monthly Compensation,
compensation shall be determined ih accordance with Section 1.7.
1.5 The term "beneficiary" or "designated beneficiary" means the person(s) or
entity to whom the benefits of a deceased Participant are payable.
1.6 The term "Code" shall mean the Internal Revenue Ccde of 1986, as
amended..
1.7 The term "compensation" shall mean all remuneration paid by the
Employer on behalf of any employee for each Plan Year for services rendered to an
Employer, but excluding:
(a) Any compensation paid to the Participant for overtime work,
bonuses, lump sum payments for an employee's non-use of paid days off and
holidays (such as sick days, vacation days and "floating" holidays) or any other
non-recurring forms of compensation;
3
(b) All distributions and Employer contributions made on behalf of an
employee under this Plan or any other employee benefit plan maintained by an
Employer;
(c) Any compensation paid in a form other than cash; and
(d) Any compensation, other than bonuses, accrued and unpaid for
any incomplete pay period in which the Plan Year ends (which shall be included
in compensation for the Pian Year in which paid).
In addition to other applicable limitations set forth in the Plan, and
notwithstanding any other provision of the Plan to the contrary, for Plan Years beginning
after December 31, 1995, the annual compensation of each employee other than a
"grandfathered Participant" (defined below) taken into account under the Plan shall not
exceed the OBRA'93 annual compensation limit. The OBRA'93 annual compensation
limit is $150,000, as adjusted by the Commissioner for increases in the cost of living in
accordance with section 401(a)(17)(B) of the Internal Revenue Code. The cost-of living
adjustment in effect for a calendar year applies to any period, not exceeding 12 months,
over which compensation is determined (determination period) beginning in such
calendar year. If a determination period consists of fewer than 12 months, the OBRA '93
annual compensation limit will be multiplied by a fraction, the numerator of which is the
number of months in the determination period, and the denominator of which is 12.
For plan years beginning after December 31, 1995, any reference in this
Plan to the limitation under section 401(a}(17) of the Code shall mean the OBRA `93
annual compensation limit set forth in this provision.
If compensation for any prior determination period is taken into account in
determining an employee's benefits (other than a grandfathered Participant) accruing in
the current plan year, the compensation for that prior determination period is subject to
the OBRA '93 annual compensation limit in effect for that prior determination period. For
this purpose, for determination periods beginning before the first day of the first plan
year beginning after December 31, 1995, the OBRA `93 annual compensation limit is
$150,000, as adjusted.
For limitation years beginning after December 31, 1997, compensation
paid or made available during such limitation year shall include any elective deferral (as
defined in Code Section 402(g)(3)) and any amount which is contributed or deferred by
the Employer at the election of the employee and which is not includible in the gross
income of the employee by reason of Section 125, 457 and (for limitation years
beginning on or after January 1, 2001} Code Section 132(f)(4).
The term "415 Compensation" shall include the Participant's wages,
salaries, fees for professional services and other amounts for personal services actually
rendered in the course of employment with an Employer maintaining the Plan (including,
but not limited to, commissions paid salesmen, compensation for services on the basis
4
of a percentage of profits, commissions on insurance premiums, tips and bonuses and
in the case of a Participant who is an employee within the meaning of Code Section 401
(c)(1) and the regulations thereunder, the Participant's earned income (as described in
Code Section 401(c)(2) and the regulations thereunder)) paid during the limitation year,
not to exceed, however, Two Hundred Thousand Dollars ($200,000) (unless adjusted in
the same manner as permitted under Code Section 415(4)).
"415 Compensation" shall exclude (1) (A) contributions made by the
Employer to a plan of deferred compensation to the extent that, before the application of
the Code Section 415 limitations to the Plan, the contributions are not inc!udib!e in the
gross income of the employee for the taxable year in which. contributed, (B)
cohtributions made by the Employer to a plan of deferred compensation fo the extent
that all or a portion of such contributions are recharacterized as a voluntary employee
contribution; (C) Employer contributions made on behalf of an employee to a simplified
employee pension plan described in Code Section 408 (k) to the extent such
contributions are deductible by the employee under Code Section 219 (a) .(D) any
distributions from a plan of deferred compensation regardless of whether such amounts
are includible in the gross income of the employee when distributed except that any
amounts received by an employee pursuant to an unfunded non-qualified plan to the
extent such amounts are includible in the gross income of the employee; (2) amounts
realized from the exercise of anon-qualified stock option or when restricted stock (or
property) held by an employee either becomes freely transferable or is no longer subject
to a substantial risk of forfeiture; (3) amounts realized from the sale, exchange or other
disposition of stock acquired under a qualified stock option; and (4) other amounts
which receive special tax benefits, such as premiums for group term life insurance (but
only to the extent that the premiums are not includible in the gross income of the
employee) or contributions made by the Employer (whetheror not under a salary
reduction agreement) towards the purchase of any annuity contract described in Code
Section 403(b) (whetheror not the contributions are excludible from the gross income of
the employee).
"415 Compensation" shall exclude Employer contributions to a Plan of
deferred compensation which are not includible in the Employee's gross income for the
taxable year in which contributed, other than contributions through a salary reduction
agreement to a cash or deferred plan under Code Section 401(k) or 457, a simplified
employee pension plan under Code Section 402(h)(1)(B}, a cafeteria plan under Code
Section 125, a tax deferred annuity under Code Section 403(b) or (for Plan Years
beginning on or after January 1, 2001) elective amounts that are not includible in
income under Cade Section 132(f)(4). Except as otherwise provided, the provisions of
this paragraph shall be effective for the Plan Year beginning on or after January 1,
1998.
For each "grandfathered Participant" (defined below) the amount of
compensation includible for purposes of determining a Participant's benefits hereunder
5
shall not be less than the amount of compensation determined under the Plan
immediately prior to the effective date of the OBRA '93 annual compensation limit.
The term "grandfathered Participant" means an eligible employee who
becomes a Participant in the Plan prior to January 1, 1996.
1.8 The term "continuous service" shall mean the period, of employment with
an Employer. An employee shall not be credited with any continuous service for periods
prior fhe first hour of service with an Employer, notwithstanding any amounts attributable
to such prior service received as a rollover amount in accordance with Article XIX. A
"year of continuous service" or "year of service" shall mean a period of twelve (12)
consecutive months during which the employee has completed at least 1,000 hours of
service for an Employer. For purposes of determining eligibility to participate in the Plan,
the period of twelve (12) consecutive months shall commence on the employee's
employment commencement date and each subsequent anniversary of such date. For
purposes of determining the Vested percentage of a Participant's Accrued Benefit, the
period of twelve (12) conseoutive months shall be the plan year.
Anything hereinabove to the contrary notwithstanding, continuous service
shall not include:
(a) In the case of a Participant who has incurred cone-year break in
service, years of continuous service before such one-year break in service for
purposes of determining under Section 7.1 the Vested percentage of Accrued
Benefits which accrued subsequent to such break in service, until the employee
has completed a year of continuous service following his return to employment
as required by Section 2.3; and
(b} For purposes of determining a Participant's Accrued Benefit,
continuous service shall not include any periods of service with an Employer.
during which the Participant was in an ineligible classification of employees as
provided in Section 1.10.
1.9 The term "Effective Date" shall mean the effective date of this amendment
and restatement, January 1, 2008, except as otherwise herein provided.
1.10 The term "eligible employee" shall mean all employees who (1) commence
employment with an Employer prior to the "Transition Date" (defined below) (or who are
considered employees for purposes of Section 414(n) of the Code), and (2) have
completed one (1) year of continuous service, exclusive of (i} the Village Administrator
of the Village of Morton Grove, (ii) persons employed by an Employer in the capacity of
a firefighter or police officer and (iii) employees whose employment is governed by the
terms of a collective bargaining agreement between employee representatives (within
the meaning of Code Section 7701(a)(46)) and an Employer under which retirement
benefits were the subject of good faith bargaining between the parties, unless such
agreement expressly provides for coverage under this Plan. Employees who attain age
6
sixty (60) before they first performed an hour of service for an Employer shall be
considered eligible employees for plan years commencing after December 31, 1987 if
they satisfy the requirements for an eligible employee after such date.
Notwithstanding anything to the contrary herein provided, any employee
who commences employment with an Employer on or after the Transition Date shall
participate in IMRF, and shall not be eligible to participate in the Plan.
An eiigibie employee who commences employment with an Employer prior
to the Transition Date (including a Participant in the Plan) who has at least one (1) hour
of service with an Employer after the Transition Date, may elect to participate in IMRF
effective as of the Transition Date, in !ieu of participating in the Plan. The election by an
eligible employee to participate in IMRF shall (1} be irrevocable once made, (2) be on
such forms as shall be provided by the Employer, (3} be made not later than ninety (90)
days after the Transition Date, and (4} conform with such other requirements as may be
prescribed by the Employer and IMRF.
A manager who participated in the IRC §457 deferred compensation plan
sponsored by the Village prior to the Transition Date may elect to participate in IMRF or
this Plan, in each case effective as of the Transition Date. A manager electing to
participate in the Plan, effective as of the Transition Date, shall not be credited with any
period of employment prior to the Transition Date for purposes of determining his Years
of Benefit Accrual. The term "manager" means the Assistant Village Administrator and
any Department Head of the Village.
The term "Transition Date" means the date on which the Employers'
election to participate in IMRF was effective, January 1, 2005.
The term "leased employee" means, for plan years beginning after
December 31, 1996, any person (other than an employee of the recipient Employer)
who pursuant to an agreement between the recipient Employer and any other person
, ~~
(`leasing organization) has performed services for the recipient Employer {or for the
recipient Employer and related persons determined in accordance with Code Section
414(n)(6)) on a substantially full time basis for a period of at least one year, and such
services are performed under tl-ie primary direction or control by the recipient Employer.
Contributions or benefits provided a leased employee by the leasing organization which
are attributable to services performed for the recipient Employer shall be treated as
provided by the recipient Employer. A leased employee shall not be considered an
employee of the recipient:
(a) if such employee is covered by a money purchase pension plan
providing:
(i) anon-integrated employer contribution rate of at least 10%
of compensation, as defined in Code Section 415(c)(3), but
including amounts which are contributed by the Employer
7
sixty (60) before they first performed an .hour of service for an Employer shall be
considered eligible employees far plan years commencing after December 31, 1987 if
they satisfy the requirements for an eligible employee after such date.
Notwithstanding anything to the contrary herein provided, any employee
who commences employment with an Employer on or after the Transition date shall
participate in IMRF, and shall nat be eligible to participate in the Plan.
An eligible employee who commences employment with an Employer prior
to the Transition Date (including a Participant in the Plan) who has at least one (1 } hour
of service with an Employer after the Transition Date, may elect to participate in IMRF
effective as of the Transi±ion Date, in lieu of participating in the Plan. The election by an
eligible employee to participate in IMRF shall (1) be irrevocable once made, (2) be on
such forms as shall be provided by the Employer, (3) be made not later than ninety (90)
days after the Transition Date, and (4} conform with such other requirements as may be
prescribed by the Employer and IMRF.
A manager who participated in the IRC §457 deferred compensation plan
sponsored by the Village prior to the Transition Date may elect to participate in IMRF or
this Plan, in each case effective as of the Transition Date. A manager electing to
participate in the Plan, effective as of the Transition Date, shall not be credited with any
period of employment prior to the Transition Date for purposes of determining his Years
of Benefit Accrual. The term "manager" means the Assistant Village Administrator and
any Department Head of the Village.
The term "Transition Date" means the date on which the Employers`
election to participate in IMRF was effective, January 1, 2005.
The term "leased employee" means, for plan years beginning after
December 31, 1996, any person (other than an employee of the recipient Employer)
who pursuant to an agreement between the recipient Employer and any other person
("leasing organization") has performed services for the recipient Employer (or for the
recipient Employer and related persons determined in accordance with Code Section
414(n)(6)) on a substantially full time basis for a period of at least one year, .and such
services are performed under the primary direction or control by the recipient Employer.
Contributions or benefits provided a leased employee by the leasing organization which
are attributable to services performed for the recipient Employer shall be treated as
provided by the recipient Employer. A leased employee shall not be considered an
employee of the recipient:
(a) if such employee is covered by a money purchase pension plan
providing:
(i) anon-integrated employer contribution rate of at least 10%
of compensation, as defined in Code Section 415(c)(3), but
including amounts which are contributed by the Employer
pursuant to a salary reduction agreement and which are not
includible in the gross income of the Participant under Code
Sections 125, 402(e)(3), 402(h)(1}(B), 403(b) or 457(b), and
(for Plan. Years beginning on and after January 1, 2001)
Code Section 132(f)(2).
(ii) immediate participation; and
(iii) foil and immediate vesting; and
(b) if leased employees do not constitute more than 20% of the
recipient's non-highly compensated work force.
1.11 The term "Employer" as used herein shall mean the Village of Morton
Grove and the Board of Library Directors of the Village of Marton Grove.
1.12 The term "ERISA" shall mean the Employee Retirement Income Security
Act of 1974, as amended.
1.13 The term "Group Contract" shall mean the group annuity contract or
contracts entered into by the Employers with an Insurer for the purpose of paying
benefits under the Plan and for the purpose of the investment of all contributions made
under the Plan. The Group Contract shall be considered a part of the Plan, the terms of
which are herein incorporated by reference.
1.14 The term "Hours of Service" means (1) each hour for which an Employee
is directly or indirectly compensated or entitled to compensation by the Employer for the
performance of duties during the applicable computation period; (2) each hour for
which an Employee is directly or indirectly compensated or entitled to compensation. by
the Employer (irrespective of whether the employment relationship has terminated) for
reasons other than performance of duties (such as vacation, holidays, sickness, jury
duty, disability, lay-off, military duty or leave of absence) during the applicable
computation period (these hours will be calculated and credited pursuant to Department
of Labor Regulation 2530.200b-2 which is incorporated herein by reference); (3) each
hour for which back pay is awarded or agreed to by the Employer without regard to
mitigation of damages (these hours will be credited to the Employee for the computation
period or periods to which the award or agreement pertains rather than the computation
period in which the award, agreement or payment is made). These hours will be
credited to the Employee for the computation period or periods to which the award or
agreement pertains rather than the computation period in which the award; agreement
or payment is made. The same Hours of Service shall not be credited both under (1) or
(2), as the case may be, and under (3) above.
Notwithstanding the above, (i) no more than 501 Hours of Service are
required to be credited to an Employee on account of any single continuous period
during which the Employee performs no duties (whether or not such period occurs in a
8
single computation period); (ii) an hour for which an Employee is directly or indirectly
paid', or entitled to payment, on account of a period during which no duties are
performed is not required to be credited to the Employee if such payment is made or
due under a plan maintained solely for the purpose of complying with applicable
worker's compensation, or unemployment compensation or disability insurance laws;
and (iii) Hours of Service are not required to be credited for a payment which solely
reimburses an Employee for medical or medically related expenses incurred by the
Employee.
For purposes of this Section, a payment shall be deemed to be made by
or due from the Employer regardless of whether such payment is made by or due from
the Employer directiy, or indirectly through, among others, a trust fund, or insurer, to
which the Employer contributes or pays premiums and regardless of whether
contributions made or due to the trust fund, insurer, or other entity are for the benefit of
particular Employees or are on behalf of a group of Employees in the aggregate.
An Hour of Service must be counted for the purpose of determining a Year
of Service, a year of participation for purposes of accrued benefits, a 1-Year Break in
Service, and employment commencement date (or reemployment commencement
date). In addition, Hours of Service will be credited for employment with other Affiliated
Employers. The provisions of Department of Labor Regulations 2530.200b-2(b) and (c)
are incorporated herein by reference.
Hours of Service shall include hours during an approved leave of absence
granted by an Employer to an Employee on or after August 5, 1993 pursuant to the
Family and Medical Leave Act, if the Employee returns to work for an Employer at the
end of such leave of absence.
1.15 .The term "insurer" shall mean a legal reserve life insurance company
licensed to do business in the State of Illinois.
1.16 The term "maternity or paternity leave of absence" shall mean an absence
from work from an Employer by reason of: (i) the pregnancy of the employee, (ii) the
birth of a child of the employee, (iii) the placement of a child with the employee in
cor ~neotion with the Participant's adoption of such child including any trial period prior to
adoption, or (iv) the caring for a child born to or adopted by the employee immediately
following such birth or placement for adoption.
1.17 The term "Mandatory Employee Contribution" shall mean the contribution
to the Pian required by each Participant pursuant to Article ilo as a condition of
participation in the Plan.
1.18 The term "Normal Retirement Date" shall mean the first day of the month
coincident with or next following the earlier of: (i) the date on which the Participant has
attained age sixty (60) and completed five (5) Years of Participation, (ii) the date on
which the Participant completes thirty (30) years of continuous service, or (iii) the date
on which the Participant attains age seventy (70).
The term "Early Retirement Date" shall mean the first day of any month
which precedes by not more than ten {10) years the Participant's normal retirement"
date.
1.19 The term "One-Year Break In Service" shall mean the failure of an
employee to complete more than 500 hours of service during a plan year.
1.20 The term "Period of Compensation" shall mean the period of twelve (12)
consecutive months ending on April 30 of each year.
1.21 The term "Permanent Disability" shall mean a disability suffered by a
Participant which results from bodily injury or bodily or mental illness {whether or not
occupational), to such an extent that in the opinion of his Employer, based upon
competent medical advice, the Participant can no longer engage, in any occupation or
employment on behalf of the Employer for wage or profit for which he is reasonably
fitted by education ar experience,
1.22 The term "Plan Year" shall mean the 12-month plan year of the Plan. The
plan year shall be the calendar year.
1.23 The term "qualified domestic relations order" shall mean a domestic
relations order which creates or recognizes the existence of the right of an alternate
payee (as defined below), or assigns to an alternate payee the right, to receive all or a
portion of the benefits payable with respect to a Participant under the Plan, and which
otherwise satisfies the requirement of a domestic relations order, as set forth below in
this Section: The term "domestic relations order" shall mean a judgment, decree or
order (including a property settlement agreement), made pursuant to a state domestic
relations law, which relates to the provision of child support, alimony, maintenance or
marital property rights to a spouse, child or other dependent of a Participant. A domestic
relations order shall satisfy the foregoing requirements only if such order specifies (i) the
name and last known mailing address of the Participant and each alternate payee
(unless the Participant's Employer shalt otherwise have knowledge or notice of such
mailing addresses); (ii) the amount or percentage of the Participant's benefits to be paid
to each alternate payee {and where required, the manner of determining the amount or
percentage of benefits}, (iii) the number of payments which are required to be .made . to
the alternate payee, and (iv) each plan to which such order applies. A domestic relations
order shall not satisfy the foregoing requirements if such order (A) requires the Plan to
provide any type, form or option of benefit not otherwise provided under the Plan, (B}
requires the Plan to provide increased benefits (determined on the basis of actuarial
value), or (C) requires the payment of benefits to an alternate payee which are required
to be paid to another alternate payee by a prior qualified domestic relations order.
10
1.24 The term. "alternate payee" shall mean an individual who is entitled to
receive all or a portion of a Participant's benefits by virtue of a qualified domestic
relations order.
1.25 The term "Plan Administrator" or "Administrator" shall mean the
Employers.
1.26 The term "Spouse" shall mean a person to whom a Participant is married
and has been ,iiarfied for at feast one (1) year on tihe Pa,iiCipant'S "ai,nUlty Starting
date" (as defined below). Except as may be otherwise herein provided, a Participant
who is not married for at least one (1) year on his annuity starting date shall be
considered an unmarried Participant under the Plan. To the extent provided under a
qualified domestic relations order, a former spouse shall be treated as a spouse if (and
to the extent) provided for in such order.
1.27 The term "termination of employment' means termination of employment
with all Employers.
1.28 The term "Year of Benefit Accrual" shall mean a plan year in which the
Participant shall be credited with a year of continuous service; provided, however,
employees who were excluded from eligibility in the Plan because they had attained age
sixty (60) before they first performed an hour of service for an Employer shall not be
credited with a Year of Benefit Accrual for any continuous service prior to January 1,
1988. A Participant employed in an ineligible employment classification shall not be
credited with any Years of Benefit Accrual for periods of employment in such ineligible
classification. A Participant who elects to participate in iMRF while employed by the
Employers shall not be credited with any Years of Benefit Accrual for periods of
employment with an Employer on or after the Transition Date.
1.29 The term "Year of Participation" shall mean any Plan Year in which the
employee is a Participant in the Plan and is credited with a year of continuous service.
1.30 The term "Vested" shall mean the portion of a Participant's Accrued
Benefit that is non-forfeitable, as determined in accordance with Article VII. The portion
of a Participant's Accrued Benefit which is not Vested shall be considered a "Forfeiture'.
ARTICLE II.
Employees Entitled to Participate
2.1 Entry Date. No employee commQncing employment with an Employer on
or after the Transition Date shall be eligible to participate in the Plan. Each eligible
employee shall become a Participant hereunder on the first day of the month next
following the date on which he becomes an eligible employee. An eligible employee
who is a Participant in the Plan as of the Effective Date shall continue to participate in
the Plan.
11
2.2 Leave of Absence. An approved leave of absence means any authorized
leave of absence as a result of illness, disability (except Permanent Disability), or
national emergency requiring governmental or military service or entering the Armed
Forces of the United States at any time through the operation of a compulsory military
service law subsequent to the execution of this Agreement. Approved leaves of
absences shat! be granted by the Employers in a uniform and hon-discriminatory
manner. If the employee fails to return to active service with an Employer upon
termination of his leave of absence (including the period in which his, reemployment
rights are guaranteed by (aw after discharge from the Armed Forces) after being offered
an opportunity to do so, then and in that event such employee shall be deemed to have
terminated his employment as of the date of the termination of his leave of absence.
2.3 Break in Service. A Participant who incurs aone-year break in service
subsequent to the Effective Date and who later reenters the service of an Employer
must complete one (1) year of continuous service following the date of his
reemployment before he can again become a Participant under this Plan, at which time
he shall be considered a Participant retroactive to the date of his reemployment.
2.4 Eligibilify Determined by the Employers. In the event any questions arise
as to the eligibility of an employee to participate in the Plan, such questions shall be
decided by his Employer.
ARTICLE. III.
Employer Contributions
3.1 Annual Contribution. The amount of an Employer's annual contribution to
the Plan shall, when added tq the Mandatory Employee Contributions of its employees
who are Participants, meet or exceed the minimum funding standards of ERISA and the
Code (as may be applicable) for its employees who are Participants in the Plan. The.
amount and timing of each Employer's contribution to the Plan shall be determined
based upon actuarial valuations and recommendations as to the amounts required to
fund benefits under the Plan. Any dividends declared under the Group Contract and any
Forfeitures shall be applied to reduce future Employer contributions.
A portion of the Plan assets attributable to Employer contributions (but not
more than the original amount of those contributions) may be returned to an Employer if
the Employer contributions are made because of a mistake of fact. The amount involved
must be returned to the Employer within one (1) year of the date the Employer
contributions are made by mistake or fact. Except as provided in Section 16.2, the
assets of the Plan shall never be used for the benefit of the E«ipioyer and are held for
the exclusive purpose of providing benefits to Participants and their beneficiaries and for
paying reasonable expenses of administering the Plan. All Employer and Employee
contributions under the Plan shall be forwarded by the Administrator to the Insurer for
investment in the Group Contract.
12
3.2 Actuarial Assumptions. The actuarial assumptions upon which this Plan
shall be governed are set forth in Section 1.2. The Plan's actuary shall have the right,
from time to time, to make reasonable changes in the actuarial assumptions as he
deems appropriate. Any change in the actuarial assumptions shall constitute an
amendment to the Plana
ARTICLE IV.
Mandatory Employee Contributions
4.1 Mandatory Employee Contributions. Each employee who participates in
the Plan shall be required, as a condition of participation in the Plan, to make Mandatory
Employee Contributions to the Plan in the amount of two percent (2%) of their
compensation, which shall be payable after commencing participation in the Plan.
Mandatory Employee Contributions shall be made by payroll deduction or other
acceptable method administered by the Employers. Commencing as of February 1,
1991, Mandatory Employee Contributions shall be treated as deductible (pre-tax) "pick
up" contributions under Section 414(h) of the Code.
ARTICLE V.
Retirement Benefits
5.1 Monthly Retirement Benefit. Subject to the limitations and adjustments
hereinafter set forth, each Participant shall be entitled to a monthly retirement income
commencing at their normal retirement date determined by the formulae set forth in
Section 5.3.
5.2 Adjustment to Current Compensation. If on any Anniversary Date a
Participant shall be receiving compensation which has been increased or decreased,
the Plan Administrator shall take appropriate steps to adjust the Participant's pension
accordingly; provided, however, (i) no adjustment shall me made unless the increase or
decrease in compensation would produce a difference of at least ten dollars ($10.00) in
a Participant's anticipated monthly normal retirement benefit; and (ii) no decrease in
compensation shall be recognized unless (and until the amount of) such decrease shall
continue for a period of two (2) plan years. All benefits shall be calculated to the nearest
dollars.
5.3 Normal Retirement Benefit. The amount of monthly normal retirement
benefit for any Participant at his normal retirement date shall be equal to (i) for a
Participant whose termination of employment occurs prior to May 1,.1991, one and two-
thirds percent (1-2(3%) of the Participant's Average Monthly Compensation multiplied
by his total Years of Benefit Accrual, and (ii) for a Participant whose termination of
employment occurs on or after May 1, 1991, the sum of (A) one and two-thirds percent
(1-2/3%) of the Participant's Average Monthly Compensation multiplied by his total
Years of Benefit Accrual not in excess of fifteen (15) Years of Benefit Accrual, plus (B)
two percent (2%) of the Participant's Average Monthly Compensation multiplied by his
total Years of Benefit Accrual in excess of fifteen (15) Years of Benefit Accrual;
13
provided, however, (x) except in the case of a Participant who has at least thirty (30)
Years of Benefit Accrual as of February 11, 1991, in no event shall a Participant's
monthly normal retirement benefit exceed seventy-five percent (75%) of his Average
Monthly Compensation, and (y) in the case of a Participant who has at feast thirty (30)
Years of Benefit Accrual as of February 11, 1991, in no event shall such Participant's
monthly normal retirement benefit exceed eighty-five percent (85%) of his Average
Monthly Compensation.
5.4 Eariy Ketirement Benefit. A Participant who has not less than ten (i 0)
years of service and who remains employed on his early retirement date may, upon the
termination of his employment, elect to receive the payment of his Accrued Benefit
commencing on or after an early retirement date specified by the Participant. !n the
event the payment of a Participant's Accrued Benefit commences after his early
retirement date and prior to his normal. retirement date, the Participant's Accrued Benefit
shall be reduced by one-half percent (.5%) for each month by which the
commencement of payment precedes his normal retirement date.
5.5 Continued Employment. A Participant may continue his employment
beyond his normal retirement date, in which event no retirement benefit will be paid to
the Participant until his actual termination of employment, except as otherwise provided
in Article XI. At the close of each plan year prior to his actual retirement, a Participant
shall be entitled to a monthly normal retirement benefit equal to the greater of (i) the
Actuarial Equivalent of the monthly retirement benefit the Participant was entitled to
receive at the end of the prior plan year, or (ii) the Accrued Benefit determined as of the
end of the plan year.
5.6 Disability Benefit. If a Participant suffers a Permanent Disability prior to
his normal retirement date, he shall be entitled to receive his Accrued Benefit calculated
as of the date of the occurrence of the disability. The disability benefit payable to a
Participant pursuant to this Section 5.6 shall be paid commencing upon the Participant
reaching the date which would have been his normal retirement date if he remained
employed. Notwithstanding anything herein to the contrary, if the "Worker
Compensation Payments" (as defined below) paid to a Participant during the period of
his Permanent Disability are less than the Income Threshold (defined below), then a
temporary life-onl;~ annuity (the "Disability Pensiori") shall he payable to the. disabled
Participant for the period commencing on the first day of the month following the
Participant's termination of employment and terminating on the first to occur of (i) the
Participant's death, or (ii) the Participant reaching his normal retirement date. The
Disability Pension shall cease during any period that the Worker Compensation
Payments equal or exceed the income Threshold. The amount of the Disability Pension
payable to a disabled Participant shall be equal to the difference between the Worker
Compensation Payments payable to the disabled Participant and the Income Threshold.
If the Worker Compensation Payments are paid to the disabled Participant other than
on a monthly basis, then such payments received during each calendar year shall be
assumed to have been received in equal monthly payments. Notwithstanding the
14
foregoing, the Disability Pension paid to a disabled Participant during the period of his
disability shall not exceed the Participant's Accrued Benefit, determined as of the date
the payment of the Disability Pension commences.
The term "Income Threshold" means the quotient of fifty percent (50%) of the
Participant's compensation at his termination of employment divided by twelve (12). Jn
lieu of the payment of a Disability Pension, upon the occurrence of a Permanent
Disability prior to his normal retirement date, a Participant shall be entitled to elect to
receive a lump sum payment of his Mandatory Employee Dontributions together with
interest thereon at the rate of five percent (5%) per annum compounded annually, from
the date of contribution to the Participants termination of employment. This interest
rate shall be periodically changed according to Section 411(c)(2)(D) of the Coda and the
Regulations thereunder.
The term "Worker Compensation Payments" shall mean the aggregate monthly
disability benefits the Participant received from any of the following sources:
(a) Primary Social Security benefits under the Federal Social Security
Act or similar statute of any state or county; or
(b) Family Social Security benefits under the Federal Social Security
Act or similar statute of any state or county; dr
(c) Any workers' compensation act; or
(d) Any employer liability law; or
(e) Any occupational disease law; or
(f) Any state or federally sponsored disability or retirement plan; or
(g) Any employer or group policyholder sponsored salary continuation
plan or sick leave pay plan; or
(h) Any employer or policyholder sponsored long-term disability plan
under a group policy; or
(i) Any Veteran's Administration disability plan; or
(j) Any disability benefit payable under any no fault insurance plan;
provided,. however, that the payment received from any such source, exclusive of
retirement benefits, are payable as a result of the total disability for which a benefit is
payable under this Plan.
Either upon its own initiative or upon the request of a Participant or a member of
his family, an Employer shall promptly make a determination as to whether or not a
Participant has suffered a Permanent Disability. As a condition of receiving a Disability
15
Pension, a Participant shall be required to provide adequate proof of total disability,
submit to an independent medical examination and, upon the request of the Employer,
periodically be re-examined by an independent physician. If the Employer should find
that a Participant who is receiving a Disability Pension is, at any time prior to his normal
retirement date, no longer Permanently Disabled, or the Participant fails to cooperate in
verifying his disability; the Employer may direct that the Disability Pension be
discontinued. Any disabled Participant who recovers from his Permanent Disability prior
to his normal retirement date and is not subsequently reemployed by an Employer at
the termination of the Permanent Disability shall be entitled to receive a retirement
benefit pursuant to the provisions of Article V!! based on his Years of Benefit Accrual
and Vesting as of the date of his disability retirement; provided, however, such
retirement benefit shall be reduced by the Actuarial Equivalent of the Disability Pension
which the Participant has received. If a Participant is reemployed by an Employer, the
retirement benefit payable upon subsequent retirement shall be based upon his Years
of Benefit Accrual at his disability retirement plus his Years of Benefit Accrual
subsequent to his date of reemployment; provided, however such benefits shall be
reduced by the Actuarial Equivalent of the Disability Pension received by the Participant
prior to his reemployment.
Notwithstanding the foregoing, a Participant who elects to participate in IMRF
after the Transition Date shall not be entitled to a Disability Pension unless such
Participant suffers a Permanent Disability prior to the Transition Date.
5.7 Return of Mandaton/ Employee Contributions. if a Participant's termination
of employment shall not occur because of death or retirement after reaching normal
retirement date or early retirement date, then in lieu of receiving his Vested Accrued
Benefit, pursuant to a written election delivered to his Employer, a Participant may elect
to receive a lump sum payment of his Mandatory Employee Contributions together with
interest thereon at the rate of five per cent (5°/0) per annum compounded annually, from
the date of contribution to the Participant's termination of employment. This interest rate
shall be changed according to Section 411(c) (2) (D) of the Code and the Regulations
thereunder.
5.8 Rollover Accounts. In addition to the benefits provided for under Sections
5.2, 5.4, 5.5, 5.6 and 5.7, a Participant's Accrued Benefit shall be increased by a..y
amounts in a Rollover Account, as provided in Article XIX below.
5.9 Limitation on Benefits. Notwithstanding anything to the contrary herein
provided, aParticipant's normal retirement benefit shall be subject to the limitations
provided in Article XX below.
ARTICLE VI.
Pre-Retirement Death Benefit
6.1 Pre-Retirement Death Benefit. !n the event of the death of a Participant
prior to his termination of employment, such Participant's beneficiary shall be entitled to
16
receive a monthly survivor's benefit (a "Survivor's Annuity") equal to the amount of the
annuity which would have been payable if the Participant (i) had incurred a termination
of employment as of the date of his death, (ii} was fully Vested in his Accrued Benefit
regardless of the number of his years of continuous service, (iii) received his Accrued
Benefit, payable as of the date of his death, in the form of a 50% joint and survivor
annuih; in an amount which is the Actuarial Equivalent of his normal form of retirement
benefit payable at his normal retirement date, and (iv) died immediately thereafter.
Payment of the Survivor's Annuity shall commence on .the month following the
Participant's death and shall continue for the life of the Participant's beneficiary. Eor
purposes of the Survivor's Annuity, a Participant's benefciary shall be determined in
accordance with Section 11.3. A Participant's beneficiary may elect in writing to receive
payment of the Participants death benefit in any optional form of payment described in
Section 11.1(c). Any such optional form of payment shall be the Actuarial Equivalent of
the Survivor's Annuity.
ARTICLE VII.
Termination Benefits
7.1 Determination of Benefits Upon Termination of Employment. If a
Participant terminates his employment with an Employer prior to his early retirement
date or normal retirement date for any reason other than death or Permanent Disability,
he shaA be entitled to an amount equal to his Accrued Benefit multiplied by the
percentage set forth in the vesting schedule below:
Number of Years of
Participation
Less than 1
1 but less than 2
2 but less than 3
3 but less than 4
4 but less than 5
5 but less than 6
6 but less .than 7
7 but less than 8
8 but less than 9
9 but less than 10
10 or more
Percentage of Participant's
Accrued Benefit
None
10%
20%
30%
40%
50%
60%
70%
80°,~0
90%
100%
In all events, a Participant shall be fully Vested upon attainment of his early
retirement date or normal retirement date.
7.2 Service Ugon Termination. Where, because of termination of employment,
a Participant receives a distribution of:
17
A. the present value of his entire Vested Accrued
Benefit if the distribution shalt not exceed Five Thousand
Dollars ($5,000); or
B, the present value of his entire Vested Accrued
Benefit which he shall elect to receive;
years of continuous service shall not, upon reemployment be taken into account under
Section 1 above in determining the Participants Years of Benefit Accrual and the
Vested percentage of Accrued Benefits which accrued before such distribution unless
the Participant shall repay the entire amount of such distribution with interest at five
percent (5%} per annum compounded annually within five (5} years after the date of
receipt of such distribution.
7.3 Amendment of Vesting Schedule. In the event the vesting schedule
provided in Section 7.1 above is amended, any Participant who, as of the effective date
of such amendment, has three {3) or more years of continuous service, may, by filing a
written election with the Plan Administrator on or before sixty (60) days subsequent to
the later of: (i) the date such amendment is adopted, (ii) receipt of written notice of such
amendment,. or (iii) the date on which the Participant is given written notice of the
amendment, continue his vesting under the vesting schedule in effect prior to such
amendment, in lieu of the vesting schedule as amended.
7.4 Forfeitures. Except as otherwise provided in this Article, all Accrued
Benefits which are not Vested shall, following five (5) consecutive one-year breaks in
service, be forfeited and applied as provided in Article X.
ARTICLE VIII.
Denial of Claims and Appeal Procedure
8.1 Claims Procedure. Claims for benefits under the Plan may be filed with
the Administrator on forms supplied by the Employer. Written notice of the disposition
of a claim shall be furnished to the claimant within 90 days after the application is filed.
In the event the claim is denied, the reasons for the denial shall be specifically set forth
in the notice in language calculated to be E!nderstood by t:".e claimant; pertinent
provisions of the Plan shall be cited, and, where appropriate, an explanation as to how
the claimant can perfect the claim will be provided. In addition, the claimant shall be
furnished with an explanation of the Plan's claims review procedure.
8.2 Claims Review Procedure. Any Emplcyee, former Employee, cr
Beneficiary of either, who has beep denied a benefit by a decision of the Administrator
pursuant to Section 8.2 shall be entitled to request the Administrator to give further
consideration to his claim by filing with the Administrator (on a form which may be
obtained from the Administrator) a request for a hearing. Such request, together with a
written statement of the reasons why the claimant believes his claim should be allowed,
shall be filed with the Administrator no later than 60 days after the date notice of the
18
benefit denial is delivered or mailed to the claimant. If the claimant appeals the benefit
denial within such 60-day period, the Administrator shall then conduct a hearing within
the next 60 days (180 days for a claim regarding Permanent Disability), at which the
claimant may be represented by an attorney or any other representative of his choosing
and at which the claimant shall have an opportunity to submit written and oral evidence
and arguments in support of his claim. At the hearing (or prior thereto upon 5 business
days written notice to the Administrator) the claimant or his representative shall have an
opportunity to review all documents in the possession of the Administrator which are
pertinent to the claim at issue and its disallowance. Either the claimant or the
Administrator may cause a court reporter to attend the hearing and record the
proceedings. In such event,. a complete written transcript of the proceedings shall be
furnished fo both parties by the court reporter. The full expense of any such court
reporter and such transcripts shall be borne by the party causing the court reporter to
attend the hearing. A final decision as to the allowance of the claim shall be made by
the Administrator within 60 days of receipt of the appeal (unless there has been an
extension of 60 days due to special circumstances, provided the delay and the special
circumstances occasioning it are communicated to the claimant within the 60 day
period). Such communication shall be written in a manner calculated to be understood
by the claimant and shall include specific reasons for the decision and specific
references to the pertinent Plan provisions on which the decision is based.
ARTICLE IX.
Valuation of the Fund
The net worth of the Group Contract shall be determined by its valuation at fair
market value as of each Anniversary Date (hereinafter sometimes referred to as the
"valuation date"). The valuation date shall be the same date used for computing the
minimum funding costs of the Plan, regardless of whether a computation is made for the
plan year.
ARTICLE X.
Forfeitures
As of each Anniversary Date, the amount of Forfeitures attributable to the
emplo}gees of each Employer which occur during the plan year then ended, as
determined under Article VII, shall be used to reduce the next succeeding Employer
contributions,to the Plan of the Employer whose employees gave rise to the Forfeiture
by their termination of employment.
ARTICLE Xl.
Payment of Benefits
11.1 Normal and Optional Forms for Payment ofi Retirement Benefits.
(a) The normal form for the payment of retirement benefits shall be a
joint and survivor annuity for a married Participant and a single life annuity for an
19
unmarried Participant. A Participant may elect an optional form for the payment of
benefits in the form of either (i) a lump sum distribution, or (ii) an annuity other
than the type which is the normal form for payment of benefits.
(b) The joint and survivor annuity which is the normal form of benefit
for a married Participant shall be an annuity payable for the life of the Participant
with a survivor annuity for the life of his spouse in an amount equal to fifty
percent (50%) of the amount of the annuity payable during the joint lives of the
Participant and his spouse. Ajoint and survivor annuity shall be payable pursuant
to a single premium non-transferable annuity contract which shall be purchased
from an Insurer selected by the Plan Administrator. Such annuity contract shall
be delivered to the Participant and shall, by its terms, provide that payment
thereunder shall commence not later than the date provided in Section 11.2 for
delivery of such annuity contract, and that payments shall be payable in
substantially equal installments not less frequently than annually for the joint life
and survivor life of such Participant and his spouse.
(c) In addition to an annuity which is the normal form for the payment
of retirement benefits, a Participant may elect to receive his retirement benefits
paid in the form of (i) a single life annuity for the life of the Participant only, (ii) a
joint and survivor annuity providing for equal monthly payments during the
Participant's life and a survivor annuity for the life of his beneficiary in an amount
equal to one hundred per cent (100%), seventy-five percent (75%) or fifty per
cent (50%) of the amount of the annuity payable during the joint lives of the
Participant and his beneficiary, (iii} an annuity providing for monthly payments for
the Participant's life and for a period of five (5) or ten (10} years certain, or (iv) a
lump sum payment. All optional forms of benefit payment shall be the Actuarial
Equivalent of the normal form of payment.
Benefits paid in the form of an annuity other than a joint and survivor annuity
shall be payable pursuant to a single premium non-transferable annuity contract
which shall be purchased from an Insurer selected by the Plan Administrator.
Such annuity contract shall be delivered to the Participant and shall, by its terms,
provide that payment thereunder shall commence not later than the date
provided in Section 11.5 for delivery of such annuity contract and that payrne; ~s
shall not exceed the life expectancy of the Participant or the Participant and his
beneficiary, as the case may be, on the date payments commence. The joint
annuitant which a Participant may select shall, with the exception of the
Participant's spouse, be limited to a person who is not more than thirty (30) years
younger than the Participant. Anything to the contrary notwithstanding, if a
Participant shall terminate employment after having attained age sixty-five (65),
the Plan Administrator shall not permit the payment of benefits in the form of a
joint and survivor annuity other than the normal form if, based on the Participant's
life expectancy, less than one-half (1/2) of the, benefits to which the Participant is
entitled will be payable to the Participant.
20
11.2 Time of Payment of Benefits. A Participant whose termination of
employment occurs for reasons other than death, Permanent Disability or retirement
after reaching his normal retirement date or early retirement date shat( be entitled to
receive the payment of his monthly retirement benefit commencing in the month
following his termination of employment. Subject to the provisions of Section 11.9, a
Participant's monthly retirement benefit shall be paid commencing no later than sixty
(60) days after the last to occur of (i) the close of the plan year in which a Participant
terminates employment, or (ii) the close of the plan year in which the Participant attains
the earlier of age sixty-five (65) or normal retirement date.
11.3 Designation of Benefician/. Each Participant shelf have the right to
designate a beneficiary or beneficiaries who shall receive his benefits under the Plan in
the event of his death, such designation of beneficiary to be filed, in writing, wifih his
Employer. Beneficiaries may be designated contingently or successively and any
designation may be changed or revoked by the filing of such revocation or change of
beneficiary in writing with the Employer. If a deceased Participant fails to designate a
beneficiary or if the beneficiary designated by the deceased Participant dies before him
or before complete distribution of the Participant's benefits under the Plan, the Plan
Administrator shall direct distribution of the Participant's benefits in the following order of
priority:
(a) to the deceased Participant's spouse (if any);
(b) to the legal representative or representatives (if any) of the estate of
the last to die of the Participant and his beneficiary; or
(c) to or for the benefit of any one or more of the deceased
Participant's relatives by blood, adoption or marriage.
11.4 Participant Information. Each Participant must file with his Employer, in
writing, his post office address, the post office address of each of his beneficiaries, and
each change of post office address. Any communication, statement or notice addressed
to a Participant or beneficiary with postage prepaid at his last post office address filed
with the Employer, or if no address is filed with the Employer, then at his last pcst office
address as shown on the Employer's records, will be binding on the Participant and his
beneficiary for all purposes of the Plan. The Employer shall not be required to search for
or locate a Participant or beneficiary. If the Plan Administrator notifies a Participant or
beneficiary that he is entitled to a distribution and also notifies him of the provisions of
this Section, and the Participant or beneficiary fails to claim his benefits under the Plan
and make his whereabouts known to the Employer within two (2) years. after the
notification, the benefits of the Participant and beneficiary will be disposed of as follows:
(a) If the whereabouts of the Participant is unknown, but the
whereabouts of a Participant's beneficiary then is known to the Employer,
distribution will be made to the beneficiary. ,
21
(b) If the whereabouts of the Participant and his beneficiary then is
unknown to the Employer, but the whereabouts of one or more relatives by blood,
adoption or marriage of the Participant is known to the Employer, the Plan
Administrator may cause distribution of the Participant's benefits to be made to
any one or more of such relatives and in such proportions as the Trustees
determine.
11.5 Distribution for Minor or Disabled Beneficiary. When a Participant or the
beneficiary of a Participant is under legal disability, or in the Plan Administrator's opinion
is in any way incapacitated so as to be unable to manage his financial affairs, the Plan
Administrator may direct payments or distributions to his legal representative, or to a
relative or friend of such person for his benefit, or the Plan Administrator may direct
payments or distributions for the benefit of the Participant or beneficiary in any way the
Plan Administrator determines to be in such person's best interests.
11.G Indemnification of Plan Administrator. The Administrator shall determine
the identity of the distributees, and in so doing, may act upon such information as, on
reasonable inquiry they may deem reliable with respect to heirship, relationship,
survivorship, or any other fact relative to the distributee; and the Administrator shall be
indemnified and saved harmless with respect to all payments required to be made
hereunder (including but not limited to any payments made to a beneficiary or relative of
a missing Participant pursuant to Section 11.4), if made in good faith and without actual
notice or knowledge of the changed condition or status of any person receiving
payments. The Administrator may rely on any list or notice furnished by an Employer as
to the facts, the occurrence of any events, or the existence of any situation, and shall
not be bound to inquire as to the basis of any such decision, list, or notice, and shall be
indemnified and saved harmless by the Employer for any action taken or suffered to be
taken by him in reliance thereon.
11.7 Proper Payee of Benefits in Dispute. In the event any question or dispute
shall arise as to the proper person or persons to whom any payment shall be made, the
Administrator may withhold such payment until a determination of such question or
dispute shall have been made, or until the Administrator shall have been adequately
indemnified against loss to his satisfaction.
If the Employer or Administrator shall receive a domestic relations order relating
to any Participant, the Administrator shall (a) promptly notify the Participant and each
alternate payee (or his designated representative) of the receipt of such order and the
procedure for determining the "qualified" status of such order, and (b) within a
reasonabie period of time determine whether sucri order is "qualified" and notify the
Participant and each alternate payee (or his designated representative) of such
determination.
11.8 Required Proof for Administrator. The Administrator may require such
proof of death or evidence of the right of such person to receive payment of a deceased
Participant or former Participant's benefits as the Administrator may deem desirable.
22
11.9 Distribution Requirements.
(a) General Rules.
(1) Precedence and Effective Date. The requirements of this Section
11.9 shall apply to any distribution of a Participant's interest and will take
precedence over any inconsistent provisions of this plan. Unless otherwise
specified, the provisions of this Section 11.9 apply to calendar years beginning
after December 3 i , 2002.
(2) Requirements of Regulations Incorporated. All distributions
required under this Section 11.9 shall be determined and made in accordance
with § 401(x)(9) of the Internal Revenue Code, including the incidental death
benefit requirement in § 401(a)(9)(G), and the Income Tax Regulations
thereunder.
(3) Limits on Distribution Periods. As of the first distribution calendar
year, distributions to a Participant, if not made in a single sum, may only be made
over one of the following periods:
(i) the life of the Participant;
(ii) the joint lives of the Participant and a designated beneficiary;
(iii) a period certain not extending beyond the life expectancy of
the Participant; or
(iv) a period certain not extending beyond the joint life and last
survivor expectancy of the Participant and a designated beneficiary.
(b) Time and Manner of Distribution.
(1) Required Beginning Date. The Participant's entire interest
will be distributed, or begin to be distributed, no later than the Participant's
required beginning date.
(2) Death of Participant Before Distributions Begin. If the
Participant dies before distributions begin, the Participants entire interest
will be distributed, or begin to be distributed, no later than as follows:
(i) If the Participant's surviving spouse is the Participant's
sole designated beneficiary, then distributions to the surviving
spouse will begin by December 31 of the calendar vear immediately
following the calendar year in which the Participant died, or by
December 31 of the calendar year in which the Participant would
have attained age 70-1/2, if later.
(ii) If the Participant's surviving spouse is not the
Participant's sole designated beneficiary, then distributions to the
23
designated beneficiary will begin by December 31 of the calendar
year immediately following the calendar year in which the
Participant died.
(iii) If there is no designated beneficiary as of September
30 of the year following the year of the Participant's death, the
Participant's entire interest will be distributed by December 31 of
the calendar year containing the fifth anniversary of the Participant's
death.
(iv) If the Participant's surviving spouse is the Participant's
sole designated beneficiary and the surviving spouse dies after the
Participant butbefore distributions to the surviving spouse are
required to begin, this Section 11.9(b)(2) other than section Section
11.9(b)(2)(i) will apply as if the surviving spouse were the
Participant.
For purposes of this Section 11.9(b)(2) and Section (e) unless Section 11.9(b)(iv)
applies, distributions are considered to begin on the Participant's required
beginning date. If Section 11.9(b)(iv) applies, distributions are considered to
begin on the date distributions are required to begin to the surviving spouse
under Section 11.9(b)(1). If distributions under an annuity meeting the
requirements of this Section 11.9 commence to the Participant before the.
Participant's required beginning date (or to the Participant's surviving spouse
before the date distributions are required to begin to the surviving spouse under
Section 11.9(b)(1)), the date distributions are considered to begin is the date
distributions actually commence.
(3) Forms of Distribution. Unless the Participant's interest is
distributed in the form of an annuity purchased from an insurance
company or in a single sum on or before the required beginning date, as
of the first distribution calendar year distributions will be made in
accordance with the requirements of § 401 (a}(9) of the Code and
§ 1.401(x)(9) of the regulations. Any part of the Participant's interest
vrhich is in the form of an individual account described in § 414(k) of the
Code will be distributed in a manner satisfying the requirements of
§ 401(a)(9) of the Code and § 1.401(x)(9} of the regulations that apply to
individual accounts.
(c) Determination of Amount to be Distributed Each Year.
(1) General Annuity Requirements. If the Participant's interest is
to be paid in the form of annuity distributions under the plan, payments
under the annuity shall satisfy the following requirements:
24
(i) the annuity distributions will be paid in periodic
payments made at uniform intervals not longer than one year;
(ii} the distribution period will be over a life (or lives} or
over a period certain not longer than the period described in
Section 11.9(d) or (e) below;
(iii) once payments have begun over a period, the period
Will be Chaiigcd vi ily Sn aicor dance vJ ~i i Sectior, 11.9(f) of this
Section 11.9;
(iv} payments will be nonincreasing or increase only as
follows:
(1) by an annual percentage increase that does
not exceed the percentage increase in an eligible cost-of-
living index fora 12-month period ending in the year during
which the increase occurs or a prior year;
(2} by a percentage increase that occurs at
specified times and does not exceed the cumulative total of
annual percentage increases in an eligible cost-of-living
index since the annuity starting date, or if later, the date of
the most recent percentage increase;
(3) by a constant percentage of less than 5
percent per year, applied not less frequently than annually;
(4) as a result of dividend or other payments that
result from actuarial gains provided:
A. actuarial gain is measured not less
frequently than annually.
B. the resulting dividend or other payments
are either paid no later than the year following the
year for which the actuarial experience is measured
or paid in the same form as the payment of the
annuity over the remaining period of the annuity
(begiisning no later ti.an the year following fhe year for
which the actuarial experience is measured).
C. the actuarial gain taken into account is
limited to actuarial gain from investment experience.
25
D. the assumed interest rate used to
calculate such actuarial gains is not less than 3
percent, and
E. the annuity payments are not increased
by a constant percentage as described in (3) of this
Section 11.9(c)(iv).
(5) to the extent of the reduction in the amount of
the Participant's payments to provide for a survivor benefit,
but only if there is no longer a survivor benefit because the
beneficiary whose life was being used to determine the
distribution period described in Section 11.9(c)(4) dies or is
no longer the Participant's beneficiary pursuant to a qualified
domestic relations order within the meaning of § 414(p) of
the Code;
(6) to provide a final payment upon the
Participant's death not greater than the excess of the
actuarial present value of the Participant's accrued benefit
(within the meaning of § 411(a)(7) of the Code) calculated as
of the annuity starting date using the applicable interest rate
defined in Section 1.2 of the Plan and the applicable
mortality table defined in Section 1.2 of the Plan (or, if
greater, the tots! amount of employee contributions) over the
total of payments before the Participant's death;
(7) to allow a beneficiary to convert the survivor
portion of a joint and survivor annuity into a single sum
distribution upon the Participant's death; or
(8) to pay increased benefits that result from a
plan amendment.
(2) Amount Required to be Distributed by Required Beginning
Date and Later Payment Intervals. The amount that must be distributed
on or before the Participant's required beginning date (or, if the Participant
dies before distributions begin, the date distributions are required to begin
under Section 11.9(b)(2)(i) or (ii) is the payment that is required for one
payment interval. The second payment need not be made until the end of
the next payment interval even if that payment interval ends in the next
calendar year. All of the Participant's benefit accruals as of the last day of
the first distribution calendar year will be included in the calculation of the
amount of the annuity payments for payment intervals ending on or after
the Participant's required beginning date.
26
(3) Additional Accruals After First Distribution Calendar Year.
Any additional benefits accruing to the Participant in a calendar year after
the first distribution calendar year will be distributed beginning with the first
payment interval ending in the calendar year immediately following the
calendar year in which such benefit accrues.
(d) Requirements for Annuity Distributions That Commence During
Participants Lifetime.
1. Joint Life Annuities Where the Beneficiary is Not the
Participant's Spouse. If the Participant's interest is being distributed in the
form of a joint and survivor annuity for the joint lives of the Participant and
a nonspouse beneficiary, annuity payments to be made on or after the
Participant's required beginning date to the designated beneficiary after
the Participant's death must not at any time exceed the applicable
percentage of the annuity payment for such period that would have been
payable to the Participant, using the table set forth in § 1.401(x)(9)-6.
Q&A 2(c)(2), in the manner described in Q&A 2(c)(1), of the regulations, to
determine the applicable percentage. If the form of distribution combines
a joint and survivor annuity for the joint lives of the Participant and a
nonspouse beneficiary and a period certain annuity, the requirement in the
preceding sentence will apply to annuity payments to be made to the
designated beneficiary after the expiration of the period certain.
2. Period Certain Annuities. Unless the Participant's spouse is
the sole designated beneficiary and the form of distribution is a period
certain and no life annuity, the period certain for an annuity distribution
commencing during the Participant's lifetime may not exceed the
applicable distribution period for the Participant under the Uniform Lifetime
Table set forth in § 1.401(x)(9)-9. Q&A-2, of the regulations for the
calendar year that contains the annuity starting date. If the annuity
starting date precedes the year in which the Participant reaches age 70,
the applicable distribution period for the Participant is the distribution
period for age 70 under the Uniform Lifetime Table set forth in
§ 1.401(x)(9)-9, Q&A, of the regulations plus the excess of 70 over the
age of the Participant as of the Participant's birthday in the year that
contains the annuity starting date. If the Participant's spouse is the
Participant's sole designated beneficiary and the form of distribution is a
period certain and no life annuity, the period certain may not exceed the
longer of the Participant's applicable distribution period, as determined
under this section (d)2 or the joint life and last survivor expectancy of the
Participant and the Participant's spouse as determined under the Joint and
Last Survivor Table set forth in § 1.401(x)(9)-9, Q&A-3, of the regulations,
using the Participant's and spouse's attained ages as of the Participant's
27
and spouse's birthdays in the calendar year that contains the annuity
starting date.
(e) Requirements for Minimum Distributions After the Participant's
Death.
1. Death After Distributions Begin. If the Participant dies after
distribution of his or her interest begins in the form of an annuity meeting
the requirements of this article, the remaining portion of the Participant`s
interest will continue to be distributed over the remaining period over
which distributions commenced.
2. Death Before Distributions Begin.
(A) Participant Survived by Designated Beneficiary. If the
Participant dies before the date distribution of his or her interest
begins and there is a designated beneficiary, the Participant's entire
interest will be distributed, beginning no later than the time
described in section 11/9(b)2(i) or (ii), over the life of the designated
beneficiary or over a period certain not exceeding:
(1} less the annuity starting date is before the first
distribution calendar year, the life expectancy of the
designated beneficiary determined using the beneficiary's
age as of the beneficiary's birthday in the calendar year
immediately following the calendar year of the Participant's
death; or
(2} if the annuity starting date is before the first
distribution calendar year, the life expectancy of the
designated beneficiary determined using the beneficiary's
age as of the beneficiary's birthday in the calendar year that
contains the annuity starting date.
(B) No Designated Beneficiary. If the Participant dies
before the date distributions begin and there is no designated
beneficiary as of September 30 of the year following the year of the
Participant's death, distribution of the Participant's entire interest
will be completed by December 31 of the calendar year containing
the fifth anniversary of the Participant's death.
(C) Death of Surviving Spouse Before Distributions to
Surviving Spouse Begin. If the Participant dies before the date
distribution of his or her interest begins, the Participant's surviving
spouse is the Participant's sole designated beneficiary, and the
28
surviving spouse dies before distributions to the surviving spouse
begin, this Section 11.9(c)(2) will apply as if the surviving spouse
were the Participant; except that the time by which distributions
must begin will be determined without regard to Section
11.9(b)(2)(i).
(f) Changes to Annuity Payment Period.
1. Permitted Changes. An annuity payment period may be
changed only in association with an annuity payment increase described
in 11.9(c)(1)(iv) or in accordance with Section 11.9(f){2}.
2. Reannuitization. An annuity payment period may be
changed and the annuity payments modified in accordance with that
change if the conditions in Section 11.9(f)(3) are satisfied, and:
(A} the modification occurs when the Participant retires or
in connection with a plan termination;
(B) the payment period prior to modification is a period
certain without life contingencies; or
(C) the annuity payments affer modification are paid
under a qualified joint and survivor annuity over the joint lives of the
Participant and a designated beneficiary, the Participant's spouse is
the sole designated beneficiary, and the modification occurs in
connection with the Participant's becoming married to such spouse.
Conditions. The conditions in this Section (11.9f)(3) are
satisfied if:
(A) the future payments after the modification satisfy the
requirements of § 401(a)(9), § 1.401(a)(9) of the regulations, and
this article (determined by treating the date of the change as a new
annuity starting date and the actuarial present value of the
remaining paymerts prior to modification as the entire interest of
the Participant);
(B) far purposes of § 415 and § 417 of the Code, the
modification is treated as a new annuity starting date;
(C) after taking into account the modification, the annuity
(including all past and future payments) satisfies the requirements
of § 415 of the Code (determined at the original annuity starting
29
date, using the interest rates and mortality tables applicable to such
date}; and
(D) the end point of the period certain, if any, for any
modified payment period is not later than the end point available to
the employee at the original annuity starting date under § 401 {a)(9)
of the Code and this article.
(g} Payments to a Surviving Child
1. Special Rule. For purposes of this Section 11.9(g),
payments made to a Participant's surviving child until the child reaches the
age of majority (or dies, if earlier), shall be treated as if such payments
were made to the surviving spouse to the extent the payments become
payable to the surviving spouse upon cessation of the payments to the
child.
2. Aqe of Majority. For purposes of this Section 11.9(g), a child
shall be treated as having not reached the age of majority if the child has
not completed a specified course of education and is under the age of 26.
In addition, a child who is disabled within the meaning of § 72(m)(7) when
the child reaches the age of majority shall be treated as having not
reached the age of majority so long as the child continues to be disabled.
(h) Definitions
1. Actuarial Gain. The difference between an amount
determined using the actuarial assumptions (i.e., investment return,
mortality, expense, and other similar assumptions) used to calculate the
initial payments before adjustment for any increases and the amount
determined. under the actual experience with respect to those factors.
Actuarial gain also includes differences between the amount determined
using actuarial assumptions when an annuity was purchased or
commenced and such amount determined using actuarial assumptions
used in calculating payments at the time the actuarial gain is determined.
2. Designated Beneficiary. The individual who is designated by
the Participant (dr the Participant's surviving spouse) as the beneficiary of
the Partioipant's interest under the plan and who is the designated
beneficiary under § 401(a)(9) of the Code and § 401(a)(9)-4 of the
regulations.
3. Distribution Calendar Year. A calendar year for which a
minimum distribution is required. For distributions beginning before the
Participant's death, the first distribution calendar year is the calendar year
30
immediately preceding the calendar year which contains the Participant's
required beginning date. For distributions beginning after the Participant's
death, the first distribution calendar year is the calendar year in which
distributions are required to begin pursuant to Section 11.9(b)(2}.
4. Eligible Gost-of-Living Index. An index described in
paragraphs (b)(2), (b)(3) or (b)(4) of § 1.401(a)(9)-6, Q&A-14, of the
regulations.
5. Life Expectancy. Life expectancy as computed by use of the
Single Life Table in § 1.401(a)(9}-9, 01~A-1, of the regulations.
6. Required Beginning Date.
(A) The required beginning date is April 1 of the calendar
year following the later of the calendar year in which the Participant
attains age 70-1/2 or the calendar year in which the Participant
retires, except that benefit distributions to a 5-percent owner must
commence by April 1 of the calendar year following the calendar
year in which the Participant attains age 70-1/2.
(B} A Participant's accrued benefit will be actuarially
increased to take into account the period after age 70-1/2 in which
the Participant does not receive any benefits under the plan. The
actuarial increase will begin on April 1 following the calendar year in
which the employee attains age 70-1l2 (January 1, 1997 in the
case of an employee who attains age 70-1/2 prior to 1996), and will
end on the date on which benefits commence after retirement in an
amount sufficient to satisfy § 401(a}(9). The amount of actuarial
increase payable as of the end of the period for actuarial increases
will be no less than the actuarial equivalent of the Participant's
retirement benefits that would have been payable as of the date the
actuarial increase must commence plus the actuarial equivalent of
additional benefits accrued after that date, reduced by the actuarial
equivalent of any distributions made after that date. The actuarial
increase under this section is not in addition to the actuarial
increase required for that same period under § 411 to reflect the
delay in payments after normal retirement, except that the actuarial
increase required under this section will be provided even during
the period during which an employee is in § 203(a)(3)(B) service.
For purposes of § 411(b)(1)(H), the actuarial increase will be
treated as an adjustment attributable to the delay in distribution of
benefits after the attainment of normal retirement age. Accordingly,
to the extent permitted under § 411(b){1)(H), the actuarial increase
required under this Section 11.9 will reduce the benefit accrual
31
otherwise required under § 411(b)(1)(H)(i), except that the rules on
the suspension of benefits are not applicable.
(i) Transition Rules. Alternative Compliance with Certain Annuity
Requirements in 2003, 2004 and 2005. Sections F-3 and F-3A of § 1.401(a)(g)-1
of the 1987 proposed regulations, A~1 of § 1.401(a)(g)-6 of the 2001 proposed
regulations, § 1.401(a)(9)-6T of the temporary regulations, or a reasonable and
good faith interpretation of the requirements of § 401(a)(g) of the Code (as
elected by the Employer) apply in lieu of the requirements of Sections 11.9(c)(d)
or (f) for purposes of determining minimum required distributions for calendar
years 2003, 2004, 2005.
ARTICLE XII.
Administrator°s Powers. Rights and Duties
12.1 Investment Powers and Duties of the Administrator. All Employer and
Mandatory Employee Contributions under the Plan shall be forwarded by the
Administrator to the Insurer to be deposited in the Group Contract.
12.2 Defense of Plan. The Administrator may abandon,. adjust, arbitrate,
compromise, sue on; or defend, or otherwise deal with and settle claims in favor of or
against the Plan hereunder.
12.3 Authority of Administrator. The Administrator may authorize any one
Administrator to execute, endorse and deliver any instrument to be executed by the
Administrators, and any person, firm, or corporation., including any brokerage house or
bank, may rely upon and shall be protected in relying upon the signature of any one
Administrator with the same force and effect as though all Administrators had signed.
12.4 Reliance on Administrator. No person, including insurance carriers, shall
be obligated to see to the application of any money paid or properly delivered to the
Administrators, nor shall any such person be required to take cognizance of the
provisions of the Plan, nor to question the authority of the Administrators to do any act
as respects the Group Contract nor the authority of the Administrators to receive and
receipt for any money becoming due and payable under the Group Contract.
ARTICLE XIII.
Funding
13.1 Funding Policy. The Plan has been established for the sole purpose of
providing benefits to the Participants and their beneficiaries. In determining its
investments hereunder, the Plan Administrator shall take account of the short and long
range needs of the Plan as to the time benefits shall be payable and the requirements
therefor. Benefits may be provided from time to time through any combination of
investment media designated to provide the requisite liquidity, growth and security
appropriate to the Plan.
32
13.2 Minimum Funding Standard Account. A "Minimum Funding Standard
Account" shall be established and maintained to test, annually or at any point in time,
the adequacy of the funding of the Plan. The account shall be charged and credited in
accordance with ERISA and the Code, or, in the alternative, the Plan may establish and
maintain an "alternative minimum funding standard account" in accordance with ERISA
and the Code (as may be applicable}. Contributions of the Employers under the Plan
may be the lesser of the amount allowed under either calculation.
AR! II~.LC XIV.
Loans to Participants
No loans to Participants are permitted under the Plan.
ARTICLE XV.
Administration
15.1 Administration of the Plan. The Administrators shall administer the Plan in
accordance with its terms and shall have ail powers necessary to carry out the
provisions of the Plan. The Administrators shall interpret the Plan and shall determine
all questions arising in the administration, interpretation, and application of the Plan.
These powers shall be exercised by the Administrators on a uniform basis without
discrimination.
15.2 Adjustments. The Administrators shall have full power and authority to
make equitable adjustments for any mistakes or errors made in the administration of the
Plan.
15.3 Payment of Administrative Expenses. The expenses incurred by the
Administrators in the administration of the Plan, including fees for legal services
rendered to the Administrators, and all other proper charges and expenses of the
Administrators and of their agents and counsel, may be paid from and shall be
expenses of the Plan. To the extent such compensation, fees, charges and expenses
are not paid from the Plan, they shall be paid by the Employers. All investment
expenses and taxes of any and all kinds whatsoever that may be levied or assessed
under existing or future laws ! upon the assets of the Plan or income thereof shall be paid
from the Plan.
15.4 Annual Report of the Administrators. The Administrators shall keep
accurate and detailed accounts of all investments, receipts, disbursements and other
transactions under the P{an, and all accounts, books and records relating thereto shall
be open to inspection and audit at all, reasonable times.
15.5 Administrators Protective Clause. An Administrator shall not be liable for
the acts or omissions of a joint Administrator or fiduciary unless (a) the Administrator
knowingly participates in, or knowingly attempts to conceal the act or omission of,
another fiduciary and the Administrator knows the act or omission is a breach of a
33
fiduciary responsibility by the other fiduciary; or (b) the Administrator has knowledge of
a breach by the other fiduciary and shall not make reasonable efforts to remedy the
breach; or (c) the Administrator's breach of his own fiduciary responsibility permits the
other fiduciary to commit a breach,
15.6 Fiduciary Responsibility. Anything to the contrary notwithstanding, the
Administrators must (a) discharge their fiduciary duties for the exclusive purpose of
providing benefits to Participants and their beneficiaries and to defray reasonable
expenses of administering the Plan; (b) act with the care, skill, prudence, and diligence
.under the circumstances then prevailing that a prudent man acting in a like capacity
and familiar with such matters would use in the conduct of an enterprise of a like
character and with like aims; (c) diversify all investments of the assets of the Pian so as
to minimize the risk of large losses, unless under the circumstances it is clearly prudent
not to do so; and (d) act in accordance with the documents and instruments governing
the Plan insofar assuch documents and instruments are consistent with the previsions
of ERISA.
ARTICLE XVI.
Amendment and Termination
16.1 Amendment of Plan. The Employers reserve the right at any time and
from time to time to amend the Plan to any extent and in any manner that they deem
advisable, All Participants and all persons claiming any interest hereunder shall be
bound thereby; provided,. however, that no such amendment:
(a) shall divest any person having an interest in the Plan, except that
amendments may be so made if, in the opinion of its counsel, such action is
necessary to meet the requirements of Sections 401 and 501 of the Code, as
amended, or the corresponding provisions of any subsequent revenue law;
(b) shall have the effect of revesting in an Employer any interest in the
assets of the Plan;
(c) shall cause or permit any property held subject to the terms of this
Plan to be diverted for purposes other than the exclusive benefit of the present or'`
future Participants and their beneficiaries; or
(d) shall eliminate an optional form of benefit or eliminate or reduce an
"early retirement benefit" or a "retirement-type subsidy" (as such terms are
defined by regulations to be promulgated by the Secretary of the Treasury).
In addition, no amendment to the Plan shall be effective to the extent it has the effect of
decreasing a Participant's Accrued Benefit; provided, however, a Participant's Accrued
Benefit may be reduced to the extent permitted by Code Section 412(c)(8). For
purposes of this Section, a Plan amendment which has the effect of decreasing a
Participant's Accrued Benefit or eliminating an optional form of benefit; with respect to
34
benefits attributable to service before the amendment shall be treated as reducing an
Accrued Benefit.
16.2 Termination. The Employers have established this Plan with a bona fide
intention and expectation that it will make its contributions indefinitely; however, no
Employer shall be under any obligation or liability whatsoever to continue its
contributions or to maintain the Plan for any given length of time and any Employer
may, in its sole and absolute discretion, anything herein to the contrary notwithstanding,
discontinue its contributions at any time withnut any liability whatsoever far such
discontinuance or termination, and the Employers or any one of them may, in their sole
and absolute discretion, anything herein to the contrary notwithstanding, terminate the
Plan or their participation in the Plan at any time without any liability whatsoever for
such termination. Any residual assets of the Plan, after all liabilities to Participants and
their beneficiaries have been satisfied, shall be returned to the Employers based (to the
extent practicable) on the ratio of the difference of each Employer°s contributions to the
Accrual Benefits of the Employer's respective Participants.
16.3 Total Vesting Upon Termination. In the event of termination or partial
termination of the Plan or if an Employer should permanently discontinue contributions
under the Plan or withdraw from the Plan, the rights of all affected Participants to
benefits accrued to the date of such termination, partial termination or permanent
discontinuation. of contributions shall not thereafter be subject to forfeiture, unless a
Participant incurred aone-year break in service which was not followed by the re-
employment of the.
16.4 Events of Plan Termination. The Plan shall terminate upon the delivery to
the Administrator of a notice of termination executed by the Employers, specifying the
date at which the Plan shall terminate.
The permanent discontinuation of contributions or withdrawal from the Plan by an
Employer shall not, however, terminate the Plan as to the funds then held under the
Plan or operate to accelerate any payment or distributions to or for the benefit of the
Participants, but the Administrators shall continue to administer the Plan in accordance
with the provisions hereof.
ARTICLE XVII.
Miscellaneous
17.1 Participant's Rights
. The adoption and maintenance of ,the Plan shall not be deemed to be a contract
between an Employer and its employees. Nothing herein contained shall. be deemed to
give to any employee the right to be retained in the employment of an Employer or to
interfere with the right of an Employer to discharge any employee at any time, nor shall
it be deemed to give an Employer the right to require any employee to remain in its
35
employment, nor shall it interfere with the employee's right to terminate his employment
at any time.
17.2 Benefits Solely from Group Contract. All benefits payable under the Plan
shall be paid or provided for solely from the Group Contract, and the Employers assume
no liability or responsibility therefor. The Employers shall not in any way guarantee the
assets of the Plan from loss or depreciation.
17.3 Status of Group Contract and Insurer. All right, title and interest in and to
the Group Contract shall be vested in, and reside exclusively in the Administrator and
no employee shall have any right, title or interest in or to the Group Contract or any
other assets or investments of the Plan except to have the same held, invested and
applied in accordance with the provisions of this Plan.
The obligations of the Insurer shall be governed solely by the provisions of
the Group Contract and the Insurer shall not be required to perform any act not provided
for or contrary to the provisions of the Group Contract. The Insurer shall not be bound
by the provisions of the Plan; and, until notice of an amendment or termination of the
Plan has been delivered to the Insurer, the Insurer shall be fully protected in assuming
the Plan has not been amended or terminated according to the latest information which
it has received.
17.4 Prohibition Against Diversion of Funds. No employee shall acquire any
right in or title to any assets held in the Plan for his account, otherwise than by and
through the payment thereof by the Administrator in the manner hereinbefore in this
Plan provided; nor shall any employee have power to transfer, assign, anticipate,
mortgage or otherwise encumber in advance either his interest in this Plan or other
property held by the Administrator for his benefit under the terms of the Plan, except
with respect to qualified domestic relations orders; nor shall the interest of such
employee in the Plan or other property held by the Administrator for his benefit be
subject to garnishment, attachment, or other seizure or sequestration for the payment of
any debts or judgments against said employee (except qualified domestic relations
orders), or be transferable by operation of law in the event of bankruptcy, insolvency or
otherwise.
In the event, however, that any employee's benefits are garnished or attached by
order of any court, the Administrator may bring an action for a declaratory judgment in a
court of competent jurisdiction to determine the proper recipient of the benefits to be
paid by fhe Plan. During the pendency of said action, any benefit that become payable
shall be paid into the court as they become payable, to be distributed by the court to the
recipient it deems proper at the close of said action.
In the event an Employer shall receive a domestic relations order relating to any
employee, the Employer shall take such action as is required by Section 414(p) of the
Code.
36
17.5 Certified Evidence... Evidence required of anyone under this Agreement
may be by certificate, affidavit, endorsement or any other written instrument which the
person acting in reliance thereon believes to be pertinent, reliable and genuine, and to
have been signed, made or presented by the proper and duly authorized party or
parties.
17.6 Named Fiduciaries and Allocation of Responsibility. Necessary parties to
any accounting, litigation or other proceedings shall include only the Employers and the
Administrator (if different than the Employers}, and the settlement or judgment in any
such case in which the Administrator is duly served or cited shall be binding upon all
persons entitled to benefits under the Plan, the estate of any such person, and upon all
persons claiming by, through or under them.
17.7. Returned Distribution. If any check in payment of a benefit hereunder
which has been mailed by regular United States mail to the last address of the payee
furnished the Administrator is returned unclaimed, the Administrator shall discontinue
further payments to such payee until the whereabouts of the payee are determined.
17.8 Return of Contribution. The principal or income of the assets held under
the Plan shall not be paid to or reinvested in an Employer or be used for any purpose
whatsoever other than the exclusive benefit of the Participants or their beneficiaries
except where a contribution has been made by an Employer by a mistake of fact, in
which event such contribution shall be returned to the Employer within one (1) year from
the date the contribution is made in error.
17.9 Governing Law. This instrument shall be construed and enforced
according to the laws of the State of Illinois, and all provisions hereof shall be
administered according to the laws of said State except to the extent that such laws are
superseded by the provisions of ERISA which are applicable to the Plan.
17.10 Merger or Consolidation. In the case of any merger or consolidation with,
or transfer of assets or liabilities to, any other plan, each employee will be entitled to
receive a benefit immediately after the merger, consolidation or transfer (if the Plan then
terminated) which is equal to or greater than the benefit he would have been entitled to
receive immediately before the merger, consolidation or transfer (if the Plan had then
terminated).
17.11 Notice Upon Distribution. On or before the end of the two week period
commencing on the date of any "qualifying rollover distribution" (as such term is defined
in Section 402(f} of the Code) from the Plan, the Administrator steal{ provide the
recipient of such distribution with a written explanation as to how such distribution (i)
may qualify for special income tax treatment and/or (ii) may be rolled over into certain
other tax qualified retirement plans.
ARTICLE XVIII.
Payment of Benefits Upon Early Termination of Plan
37
18.1 Restrictions Upon Distribution at Early Termination. Notwithstanding any
provisions in the Plan to the contrary, if:
(a) The Plan is terminated within ten years after the Effective Date (or
Substantive Amendment Date (as defined below), if applicable);
(b) The pension of a Participant becomes payable within ten (10) years
after. the Effective Date (or a Substantive Amendment Date, if applicable); or
(c) The pension of a Participant becomes payable after such ten (10)
year period as provided for in subsection (a) or {b} above and the full current
casts for such ten (10} year period have not been funded;
then the benefits provided by Employer contributions for any Participants among the
group constituting the twenty-five (25) highest paid employees as of the Effective Date
or the date of the most recent Amendment which substantially increased pension
benefits (a "Substantive Amendment Date") whose annual benefit provided by the
contributions will exceed One Thousand Five Hundred Dollars ($1,500} shall be subject
to the conditions hereinafter outlined in this Article.
18.2 Benefit Payable to a Restricted- Participant. If a Participant is subject to
the provisions of Section 1 above (a "Restricted Participant"), the pension payable to
him shall not exceed the pension which can be provided from the greatest of the
following:
(a) The Emp{oyer's contributions (or funds attributable thereto) which
would have been applied to provide benefits for the Participant if the Plan had not
been amended on the Substantive Amendment Date and had continued without
change;
(b) Twenty Thousand Dollars ($20,000); or
(c) The sum of (i) the Employer contributions (or funds attributable
thereto) which would have been applied to provide benefits for the Participant if
the Plan has been terminated on -the day before the Substantive Amendment
Date (if applicable) and (ii'} an amount computed by multiplying the number of
years for which the current costs of the Plan have been met after the Effective
Date (or the Substantive Amendment Date, if applicable) by twenty percent
(20%) of the first Fifty Thousand Dollars ($50,000) of the Participant's average
annual compensation during his last five (5) years of employment.
18.3 Related Participant. The provisions of Section 2 above shall not restrict
the current payment of full monthly retirement benefits for any retired Participant while
the Plan is in effect and its full current costs have been met.
38
18.4 Death or Survivor's Benefits. The provisions of Section 2 above shall not
restrict the full payment of any death or survivor's benefits on behalf of a Participant or a
retired Participant who dies while the Plan is in effect and its full current ,costs have
been met.
18.5 Benefit Limitation Agreement. in the event that any benefit is to be
distributed in a lump sum prior to the expiration of such ten (10) year period following
the Effective Date or a Substantive Amendment Date, notwithstanding that the full
current costs of the Plan have been met during -such period, the Participant shall enter
into an agreement with the Trustees that prior to the payment of such lump sum
distribution the Participant will deposit as security with the Trustees property, real or
personal, having a fair market value as of the date of deposit at least equal to one
hundred and twenty-five percent (125%) of the amount which would be repayable if the
Plan had terminated on the date of such distribution of such lump sum, and, in the event
that the fair market value of such property declines below one hundred and twenty-five
percent (125%), the Participant shall deposit with the Trustees additional property so as
to render the security deposited equal to one hundred and twenty-five percent (125%). If
the full current costs of the Plan are met during the ten (10) year period following the
Effective Date or the Substantive Amendment Date and the Plan is not terminated, such
property deposited as security with the Trustees shall be redelivered to such Participant.
18.6 Termination of Plan Within 10 Years of Effective Date. In the event of
termination of the Plan within ten (10) years after the Effective Date (or within ten (10)
years of a Substantive Amendment Date), distribution of that portion of the Fund arising
from Employer contributions made since the Effective Date (or a Substantive
,Amendment Date, if applicable) with respect to any Restricted Participant in excess of
the amount required to provide his pension as limited by the provisions of Section 2
above, shall be allocated in the following manner.
(a) To other Participants to the extent required to fund the Accrued
Benefit of other Participants to the date of termination, and
(b) The balance to the benefit of that Restricted Participant (or his
beneficiary).
18.7 Special Rules Relating to Veterans Reemployment Rights Under
USERRA. Effective on and after December, 1994, the following special provisions of
this Section shall apply to an Employee or Participant who is reemployed in accordance
with the reemployment provisions of USERRA following a period of qualifying military
service (as determined under USERRA):
(a) Each period of qualifying military service served by an Employee or
Participant shall, upon such reemployment, be counted toward determining the
Employee's or Participant's Years of Benefit Accrual, Year of Participation and
Year of Continuous Service with an Employer for all purposes of the Plan,
39
including determining the amount of the. Participant's Accrued Benefit and the
vested percentage ih his Accrued Benefit.
(b) For all purposes under the Plan, the Participant shall be treated as
having received compensation from an Employer based on the. rate of
compensation the Participant would have received during the period of qualifying
military service, or if that rate is not reasonably certain; on the basis of the
Participant's average rate of compensation during the 12-month period
immediately preceding such period.
(c} Mandatory Employee Contributions shall not be subject to any
otherwise applicable limitation under IRC Section 404(x) or 415, and shall not be
taken into account in applying such limitations to either Participant or Employer
contributions under the Pian or any other plan, with respect to the year in which
such contributions are made, and such contributions shall be subject to these
limitations only with respect to the year to which such contributions relate and
only in accordance with Regulations prescribed by the Internal Revenue Service.
ARTICLE XIX.
Portability
19.1 Portability. This Article applies to distributiohs made after December 31,
2001. Notwithstanding any provision of the plan to the contrary that would otherwise
limit a distributee's election under this part, a distributee may elect, at the time and in
the manner prescribed by the plan administrator, to have any portion of an eligible
rollover distribution that is equal to at least $500 paid directly to an eligible retirement
plan specified by the distributee in a direct ro8over. If an eligible rollover distribution is
less than $500, a distributee may not make the election described. in the preceding
sentence to rollover a portion of the eligible rollover distribution.
19.2 Definitiohs.
(a) Eligible rollover distribution: An eligible rollover distribution is any
distribution of all or any portion of the balance to the credit of the distributee,
except that an eligible rollover distribution does not include: any distribution that
is one of a series of substantially equal periodic payments (not less frequently
than annually) made for the life (or life expectancy) of the distributee or the joint
lives (or joint life expectancies) of the distributee and the distributee's designated
beneficiary, or for a specified period of ten-years or m ore; any distribution to the
extent such distribution is required under Section 401(a)(9) of the internal
revenue Code; and the portion of any distribution that is not includible in gross
income (determined without regard to the exclusion for net unrealized
appreciation with respect to employer securities); and any other distribution(s)
that is reasonably expected to total less than $200 during a year.
40
A portion of a distribution shall not fail to be an eligible rollover distribution merely
because the portion consists of after-tax employee contributions which are not
includible in gross income. However, such portion may be transferred only to (1)
an individual retirement account or annuity described in §408(a) or (b) of the
Code; (2) for taxable years beginning after December 31, 2001 and before
January 1, 2007; to a qualified trust which is part of a defined contribution plan
that agrees to separately account for amounts so transferred, including
separately accounting for the portion of such distribution which is includible in
gross income and the portion of such distribution which is not so includible; or (3)
for taxable years beginning after December 31, 2006, to a qualified trust or to an
annuity contract described in §403(b), if such trust or contract provides for
separate accounting for amounts so transferred (including ihterest thereon),
including separately accounting for the portion of such distribution which is
includible in gross income and the portion of such distribution which is not so
includible.
(b) Eligible Retirement Plan: An eligible retirement plan is an eligible
plan under §457(b) of the Code which is maintained by a state, political
subdivision of a state, or any agency or instrumentality of a state or political
subdivision of a state and which agrees to separately account for amounts
transferred into such plan from this plan, an individual retirement account
described in §408(a) of the Code, and individual retirement annuity described in
§408(a) of the Code, an annuity plan described in §403(a) of the Code, an
annuity contract described in §403(b) of the Code, or a qualified defined
contribution plan described in §401 (a) of the Code, that accepts the distributee's
eligible rollover distribution.
(c) Distributee: A distributee includes an employee or former
employee, In addition, the employee's or former employee's surviving spouse
and the employee's or former employee's spouse or former spouse which is the
alternate payee under a qualified domestic relations order, as defined in Section
414(P) of the Code, are distributees with regard to the interest of the spouse or
former spouse. A distributee also includes the Participant's non-spouse
designated beneficiary under Section 11.3 of the Plan. In the case of a non-
spouse beneficiary, the direct roiiaver may be made only to an individual
retirement account or annuity described in §408(a) or §408(b) ("IRA") that is
established on behalf of the designated beneficiary and. that will be treated as an
inherited IRA pursuant to the provisions of §402(a)(11). Also, in this case, the
determination of a required minimum distribution under §401(a)(9) that is
ineligible for rollover shall be made in accordance with Notice 2007-7, Q&A 17
and 18; 2007-5 I:R.B. 395.
(d) Direct Rollover. A direct rollover is a payment by the plan to the
eligible retirement plan specified by the distributee.
41
ARTICLE XX.
Limitation on Benefits
20.1 The limitations of this Article shall apply in limitation years beginning on or
after July 1; 2007, except as otherwise provided herein.
20.2 The Annual Benefit otherwise payable to a Participant under the Plan at
any time shall not exceed the Maximum Permissible Benefit. If the benefit the
Participant would otherwise accrue in a Limitation Year would produce an Annual
Benefit in excess of the Maximum Permissible Benefit, the benefit shall be limited {or
the rate of accrual reduced) to a benefit that does not exceed the Maximum Permissible
Benefit.
20.3 If the Participant is, or has ever been, a Participant in another qualified
defined benefit plan (without regard to whether the Plan has been terminated)
maintained by the Employer or a predecessor employer, the sum of the Participant's
Annual Benefits from all such plans may not exceed the Maximum Permissible Benefit.
20.4 The application of the provisions of this Article shall not cause the
Maximum Permissible Benefit for any Participant to be less than the Participant's
Accrued Benefit under all the defined benefit plans of the Employer or a predecessor
employer as of the end of the last Limitation Year beginning before July 1, 2007 under
provisions of the plans that were both adopted and in effect before April 5, 2007. The
preceding sentence applies only if the provisions of such defined benefit plan that were
both adopted and in effect before April 5, 2007 satisfied the applicable requirements of
statutory provisions, regulations, and other published guidance relating to § 415 of the
{nternal Revenue Code in effect as of the end of the last Limitation Year beginning
before July 1, 2007, as described in § 1.415(a)-1(g)(4) of the Income Tax Regulations.
20.5 The limitations of this Article XX shall be determined and applied taking
into account the rules in Section 20.7.
20.6 Definitions.
20.6.1 Annual Benefit: A benefit that is payable annually in the form of a
straight life annuity. Except as provided below, where a benefit is payable in a
form other than a straight life annuity, the benefit shall be adjusted to an
actuarially equivalent straight life annuity that begins at the same time as such
other form of benefit and is payable oh the first day of each month, before
applying the limitations of this Article. For a Participant who has or will have
distributions commencing at more than one annuity starting date, the Annual
Benefit shall be determined as of each such annuity starting date (and shall
satisfy the limitations of this Article as of each such date), actuarially adjusting for
past and future distributions of benefits commencing at the other annuity starting
dates. For this purpose, the determination of whether a new starting date has
42
occurred shall be made without regarding to § 1.401(1)-20, Q&A 10(d), and with
regard to § 1.415(b)-1(b)(1)(iii)(B) and (C) of the Income Tax Regulations.
No actuarial adjustment to the benefit shall be made for (a) survivor
benefits payable to a surviving spouse under a qualified joint and survivor annuity
to the extent such benefits would not be payable if the Participant's benefit were
paid in another form; (b) benefits that are not directly related to retirement
benefits (such as a qualified disability benefit, preretirement incidental-death
benefits, and post-retirement medical benefits); and (c) the inclusion in the form
of benefit of an automatic benefit increase feature, provided the form of benefit is
not subject to § 417(e}(3) of the Internal Revenue Code and would otherwise
satisfy the limitations of this Article, and the Plan provides that the amount
payable under the form of benefit in any Limitation Year shall not exceed the
limits of this Article applicable at the annuity starting date, as increased in
subsequent years pursuant to § 415(d}. For this purpose, an automatic benefit
increase feature is included in a form of benefit if the form of benefit provides for
automatic, periodic increases to the benefits paid in that form.
The determination of the Annual Benefit shall take into account social
security supplements described in § 411(a)(9) of the Internal Revenue Code and
benefits transferred from another defined benefit plan, other than transfers of
distributable benefits pursuant § 1.4T1(d)-4, Q&A-3(c), df the Income Tax
Regulations, but shall disregard benefits attributable to employee contributions or
rollover contributions.
Effective for distributions in plan years beginning after December 31,
2003, the determination of actuarial equivalence of forms of benefit other than a
straight life annuity shall be made in accordance with Section 20.6(a) or (b)
below.
(a) Benefit Forms Not Subject to § 417(e)(3): The straight life
annuity that is actuarially equivalent to the Participant's form of benefit
shall be determined under this Section 20.6(a) if the form of the
Participant's benefit is either (1) a nondecreasing annuity (other than a
straighfi life annuity) payable for a period of not less than the life of the
Participant (or, in the case of a qualified pre-retirement survivor annuity,
the life of the surviving spouse), or (2) an annuity that decreases during
the life of the Participant merely because. of (a) the death of the survivor
annuitant (but only if the reduction is not below 50% of the benefit payable
before the death of the survivor annuitant), or (b) the cessation or
reduction of Social Security supplements or qualified disability payments
(as defined in § 401(a)(11)).
(i) Limitation Years beginning before July 1, 2007. For
Limitation Years beginning before July 1, 2007, the actuarially
equivalent straight life annuity is equal to the annual amount of the
43
straight life annuity commencing at the same annuity starting date
that has the same actuarial present value as the Participant's form
of benefit computed using whichever of the following produces the
greater annual amount: (I) the interest rate specified in Section 1.2
of the Plan and the mortality table (or other tabular factor) specified
ih Section 1.2 of the Plan for adjusting benefits in the same form;
and (II) a 5 percent interest rate assumption and the applicable
mortality table defined in Section 1.2 of the Plan for that annuity
starting date.
{ii) Limitation Years beginning orafter July 1, 2007. For
Limitation Years beginning on or after Juiy 1, 2007, the actuarially
equivalent straight life annuity is equal to the greater of (1) the
annual amount of the straight life annuity (if any) payable to the
Participant under the Plan commencing at the same annuity
starting date as the Participant's form of benefit; and (2) the annual
amount of the straight life annuity commencing at :the same annuity
starting date that has the same actuarial present value as the
Participant's form of benefit, computed using a 5 percent interest
rate assumption and the applicable mortality table defined in
Section 1.2 of the Plan for that annuity starting date.
(b) .Benefit Forms Subject to § 417(e)(3). The straight life
annuity that is actuarially equivalent to the Participant's form of benefit
sha!! be determined underthis paragraph if the form of the Participant's
benefit is other than a benefit form described in Section 20.6(a). In this
case, the actuarially equivalent straight (ife annuity shall be determined as
follows:
(i) Annuity Starting Date in Plan Years Beginning After
2005. If the annuity starting date of the Participant's form of benefit
is in a plan year beginning after 2005, the actuarially equivalent
straight life annuity is equal to the greatest of (I) the annual amount
of the straight life annuity commencing at the same annuity starting
date that has the same actuarial present value as the Participant's
form of benefit, computed using the interest rate specified in
Section 1.2 of the Plan and the mortality table (or other tabular
factor) specified in Section 1.2 of the Plan for adjusting benefits in
the same form; (II) the annual amount of the straight life annuity
commencing at the same annuity starting date that has the same
actuarial present value as the Participant's form of benefit,
computed using a 5.5 percent interest rate assumption and the
applicable mortality table defined in Section 1.2 of the Plan; and (III;
the annual amount of the straight life annuity commencing at the
same annuity starting date that has the same actuarial present
44
value as the Participant's form of benefit, computed using the
applicable interest rate defined in Section 1.2 of the Plan and the
applicable mortality table defined ih Section 1.2 of the Plan, divided
by 1.05.
(ii) Annuity Starting Date in Plan Years Beginning in 2004
or 2005. If the annuity starting date of the Participant's form of
benefit is a plan year beginning in 2004 or 2005, the actuarially
equivalent straight life annuity is equal to the annual amount of the.
straight life annuity commencing at the same annuity starting date
that has the same actuarial present value as the Participant's form
of benefit, computed using whichever of the following produces the
greater annual amount: (I) the interest rate specified in Section 1.2
of fhe Plan and. the mortality table (or other tabular factor) specified
in Section 1.2 of the Plan for adjusting benefits in the same form;
and (II) a 5.5 percent interest rate assumption and the applicable
mortality table defined in Section 1.2 of the Plan.
If the annuity starting date of the Participant's benefit is on or after
the first day of the first plan year beginning in 2004 and before
December 31, 2004, the application of this Section 20.6.1(b)(ii)
shall not cause the amount payable under the Participant's form of
benefit to be less than the benefit calculated under the plan, taking
into account the limitations of this Article, except that the actuarially
equivalent straight life annuity is equal to the annual amount of the
straight life annuity commencing at the same annuity starting date
that has the same actuarial present value as the Participant's form
of benefit, computed using whichever of the following produces the
greatest annual amount:
(I) the interest rate specified in Section 1.2 of the Plan
and the mortality table (or other tabular factor) specified in Section
1.2 of the Plan for adjusting benefits in the same form;
(ll} the applicable interest rate defined in Section 1.2 of
the Plan and the applicable mortality table defined in Section 1.2 of
the Plan; and
(III) the applicable interest rate defined in Section 1.2 of
the Pian (as in effect on the Last day of the fast plan year beginning
before January 1, 2004, under the provisions of the Plan then
adopted and in effect) and the applicable mortality table defined in
Section 1.2 of the Plan.
20.6.2 Compensation:. Compensation shall mean information required to
be reported under §§ 6041, 6051, and 6052 of the Internal Revenue Code
45
(wages, tips; and other compensation as reported on .Form W-2). Compensation
is defined as wages, within the meaning of § 3401(a), and all other payments of
compensation to an employee by the Employer (in the course of the Employer's
trade or business) for which the Employer is required to furnish the employee a
written statement under §§ 6041(d), 6051(a)(3), and 6052. Compensation shall
be determined without regard to any rules under § 3401(a) that limit the
remuneration included in wages based on the nature or location of the
employment or the services performed (such as the exception for agricultural
labdr in § 3401(a)(2)).
For any self-employed individual, Compensation shall mean earned income.
Except as provided herein, for Limitation Years beginning after December 31,
1991, compensation for a Limitation Year is the compensation actually paid or
made available during such Limitation Year. Compensation fior a Limitation Year
shall include amounts earned but not paid during the Limitation Year solely
because of the timing of pay periods and pay dates, provided the amounts are
paid during the first few weeks of the next Limitation Year, the amounts are
included on a uniform and consistent basis with respect to all similarly situated
employees, and no compensation is included in more than one Limitation Year.
For Limitation Years beginning on or after July 1, 2007, compensation for a
Limitation Year shall also include compensation paid by the later of 2-1l2 months
after an employee's severance from employment with the Employer maintaining
the plan or the end of the Limitation Year that includes the date of the employee's
severance from employment with the Employer maintaining the plan, if:
(a) the payment is regular compensation for services during the
employee's regular working hours, or compensation for services outside
the employee's regular working hours (such as overtime or shift
differential), commissions, bonuses, or other similar payments, and,
absent a severance from employment, the payments would have been
paid to the employee while the employee continued in employment with
the employer,
(b) the payment is for unused accrued bona fide sick, vacation
or other leave that the employee would have been able to use if
employment had continued; or
(c) the payment is received by the employee pursuant to a
nonqualified unfunded deferred compensation plan and would have been
paid at the same time if employment had continued, but only to the extent
includible in gross income.
Any payments not described above shall not be considered compensation if paid
after severance from employment, even if they are paid by the later of 2-1 /2
46
months after the date of severance from employment or the end of the Limitation
Year that includes the date of severance from employment, except, (a) payments
to an individual who does not currently perForm services for the Employer by
reason of qualified military service (within the meaning of § 414(u)(1)) to the
extent these payments do not exceed the amounts the individual would have
received if the individual had continued to perform services for the Employer
rather than entering qualified military service; or (b) compensation paid to a
Participant who is permanently and totally disabled, as defined in Code §
22(e)(3j; provided, salary continuation applies to ail Participants who are
permanently and totally disabled for a fixed or determined period, or the
Participant was not a highly compensated employee, as defined in § 414(q),
immediately before becoming disabled.
Back pay within the meaning of § 1.415(c)-2(g)(8), shall be treated as
compensation for the Limitation Year to which the back pay relates to the extent
the back pay represents wages and compensation that would otherwise be
included under the definition.
For Limitation Years beginning after December 31, 1997, Compensation paid or
made available during such Limitation Year shall include amounts that would
otherwise be included in Compensation but for an election under § 125(a), §
402(e)(3), § 402(h)(1)(B), § 402(k), or § 457(b).
For Limitation Years beginning after December 31, 2000, Compensation shall
also include any elective amounts that are not includible in the gross income of
the employee by reason of § 132(f)(4).
For Limitation Years beginning after December 31, 2001, Compensation shall
also include deemed § 125 compensation. Deemed § 125 compensation is an
amount that is excludable under § 106 that is not available to a Participant in
cash in lieu of group health coverage under a § 125 arrangement solely because
the Participant is unable to certify that he or she has other health coverage..
Amounts are deemed § 125 compensation only if the Employer does not request
or otherwise collect information regarding the Participant's other health coverage
as part of the enrollment process for the health plan.
Compensation shall not include amounts paid as compensation to a nonresident
alien, as defined in § 7701(b)(1)(B), who is not a Participant in the plan to the
extent the compensation is excludable from gross income and is not effectively
connected with the conduct of a trade or business within the United States.
20.6.3 Defined Benefit Dollar Limitation: Effective for Limitation Years
ending after December 31, 2001, the Defined Benefit Dollar Limitation is
$160,000, automatically adjusted under § 415(d) of the Internal Revenue Code,
effective January 1 of each year, as published in the Internal Revenue Bulletin,
and payable in the form of a straight life annuity. The new limitation shall apply to
47
Limitation Years ending with or within the calendar year of the date of the
adjustment, but a Participant's benefits shall not reflect the adjusted limit prior to
January 1 of that calendar year. The automatic annual adjustment of the Defined
Benefit Dollar Limitation under § 415(d) shall apply to Participants who have had
a separation from employment.
20.6.4 Employer: For purposes of this Article, Employer shall mean the
Employer and all members of a controlled group of corporations, as defined in §
414(b) of the internal Revenue Code, as modified by § 415(h), ail commonly
controlled trades or businesses (as defined in § 414(c), as modified, except in the
case of abrother-sister group of trades or businesses under common control, but
§ 415(h)), or affiliated service groups (as defined in § 414(m}) of which the
adopting Employer is a part, and any other entity required to be aggregated with
the Employer pursuant to § 414(0) of the Internal Revenue Code.
20.6.5 Formerly Affiliated Plan of the Employer: A plan that, immediately
prior to the cessation of affiliation, was actually maintained by the Employer and,
immediately after the cessation of affiliation, is not actually maintained by the
Employer. For this purpose, cessation of affiliation means the event that causes
an entity to no longer be considered the Employer, such as the sale of a member
controlled group of corporations, as defined in § 414(b) of the Internal Revenue
Code, as modified by § 415(h), to an unrelated corporation, or that causes a plan
to not actually be maintained by the Employer, such as transfer of plan
sponsorship outside a controlled group.
20.6.6 High Three-Year Average Compensation:. The average
compensation for the three consecutive years of service (or, if the Participant has
less than three consecutive years of service, the Participant's longest
consecutive period of service, including fractions of years, but not less than one
year) with the Employer that produces the highest average. A year of service
with the Employer is the 12-consecutive month period defined in Section 1.8 of
the Plan. In the case of a Participant who is rehired by the Employer after a
severance from employment, the Participant's high three-year average
compensation shall be calculated by excluding all years for which the Participant
performs no services fior and receives no compensation from the Employer (the
break period) and by treating the years immediately preceding and following the
break period as consecutive: A Participant's compensation for a year of service
shall not include compensation in excess df the limitation under § 401(a)(17) of
the Internal Revenue Code that is in effect for the calendar year in which such
year of service begins.
20.6.7 Limitation Year: A calendar year. All qualified plans maintained by
the Employer must use the same Limitation Year. If the Limitation Year is
amended to a different 12-consecutive month period, the new Limitation Year
must begin on a date within the Limitation Year in which the amendment is made.
48
20.6.8 Maximum Permissible Benefit: The benefits of a Participant shall
not exceed the Defined Benefit Dollar Limitation (adjusted where required, as
provided below),
{a) Adjustment for Less Than 10 Years of Participation or
Service: If the Participant has less than 10 years of participation in the
plan, the Defined Benefit Dollar Limitation shall be multiplied by a faction --
(i) the humeratorof which is the number of Years (or part thereof, but not
less than one year) of Participation in the plan, and (ii) the denominator of
which is 10. In the case of a Participant who has less than ten Years of
Service with the Employer, the Defined Benefit Compensation Limitation
shall be multiplied by a fraction -- (i) the numerator of which is the number
of Years (or part thereof, but not less than one year) of Service with the
Employer, and (ii) the denominator of which is 10.
(b) Adjustment of Defined Benefit Dollar Limitation for Benefit
Commencement Before Age 62 or after Age 65: Effective for benefits
commencing in Limitation Years ending after December 31, 2001, the
Defined Benefit Dollar Limitation shall be adjusted if the annuity starting
date of the Participant's benefit is before age 62 or after age 65, If the
annuity starting date is before age 62, the Defined Benefit Dollar Limitation
shall be adjusted under Section 20.6.8(b)(i), as modified 6y Section
20.6.8(b)(iii). If the annuity starting date is after age 65, the Defined
Benefit Dollar Limitation shall be adjusted under Section 20.6.8(b)(ii), as
modified by Section 20.6.8(b)(iii).
(i) Adjustment of Defined Benefit Dollar Limitation for
Benefit Commencement Before Age 62:
1. Limitation Years Beginning Before July 1,
2007. If the annuity starting date for the Participant's benefit
is prior to age 62 and occurs in a Limitation Year beginning
before July 1, 2007, the Defined Benefit Dollar Limitation for
the Participant's annuity starting date is the annual amount
of a benefit payable in the form of a straight life annuity
commencing atthe Participant's annuity starting date that is
the actuarial equivalent of the Defined Benefit Dollar
Limitation (adjusted under Section 20.6.8(a) for years of
participation less than 10, if required) with actuarial
equivalence computed using whichever of the following
produces the smaller annual amount: (1) the interest rate
specified in Section 1.2 of the Plan and the mortality table (or
other tabular factor) specified in Section 1.2 of the Plan; or
(2) a 5-percent interest rate assumption and the applicable
mortality table as defined in Section 1.2 of the Plan.
49
2: Limitation Years Beginning on or After July 1,
2007
A. Plan Does Not Have Immediately Commencing
Straight Life Annuity Payable at Both Age 62 and the Age of
Benefit Commencement. If the annuity starting date for the
Participant's benefit is prior to age 62 and occurs in a
Limitation Year beginning on or after July 1, 2007, and the
Plan does not have an immediately commencing straight life
annuity payable at both age 62 and the age of benefit
commencement. the Defined Benefit Dollar Limitation for the
Participant's annuity starting date is the annual amount of a
benefit payable inthe form of a straight life annuity
commencing at the Participant's annuity starting date that is
the actuarial equivalent of the Defined Benefit Dollar
Limitation (adjusted under Section 20.6.8(a) for years of
participation less than 10, if required) with actuarial
equivalence computed using a 5 period interest rate
assumption and the applicable mortality table for the annuity
starting date as defined in Section 1.2 of the Plan (and
expressing the Participant's age based on completed
calendar months as of the annuity starting date).
B. Pfan Has Immediately Commencing Straight
Life Annuity Payable at Both Age 62 and the Age of Benefit
Commencement. If the annuity starting date for the
Participant's benefit is prior to age 62 and occurs in a
Limitation Year beginning on or after July 1, 2007, and the
Plan has an immediately commencing straight life annuity
payable at both age 62 and the age of benefit
commencement, the Defined Benefit Dollar Limitation for the
Participant's annuity starting date is the lesser of the
limitation determined under Section 20.6.8(b)(i)2.A; and the.
Defined Benefit Dollar Limitation (adjusted under Section
20.6.8(a) for years of participation less than 10, if required}
multiplied by the ratio of the annual amount of the
immediately commencing straight life annuity under the Plan
at the Participant's annuity starting date to the annual
amount of the immediately commencing straight life annuity
under the plan at age 62, both determined without applying
the limitations of this Article.
(ii) Adjustment of Defined Benefit Dollar Limitation
for Benefit Commencement After Age 65:
50
I. Limitation Years Beginning Before July
1, 2007. If the annuity starting date for the
Participant's benefit is after age 65 and occurs in a
Limitation Year beginning before July 1, 2007, the
Defined Benefit Dollar Limitation for the Participant's
annuity starting date is the annual amount of a benefit
payable in the form of a straight life annuity
commencing at the Participant's annuity starting date
that is the actuarial equivalent of the Defined Benefit
Dollar Limitation (adjusted under Section20.C.8(a) for
years of participation Tess than 10, if required) with
actuarial equivalence computed using whichever of
the following produces the smaller annual amount:
(1) the interest rate specified in Section 1.2 of the
Plan and the mortality table (or other tabular factor}
specified in Section 1.2 of the Plan; or (2) a 5-percent
interest rate assumption and the applicable mortality
table as defined in Section 1.2 of the plan.
Limitation Years Beginning Before July
1, 2007
A. Plan Does Not Have Immediately Commencing
Straight Life Annuity Payable at Both Age 65 and the Age of
Benefit Commencement. If the annuity starting date for the
Participant's benefit is after age 65 and occurs in a Limitation
Year beginning on or after July 1, 2007, and the plan does
not have an immediately commencing straight life annuity
payable at both age 65 and the age of benefit
commencement, the Defined Benefit Dollar Limitation at the
Participant's annuity starting date is the annual amount of a
benefit payable in the form of a straight life annuity
commencing at the Participant's annuity starting date that is
the actuarial equivalent of the Defined Benefit Dollar
Limitation (adjusted under Section 20.6.8 for years of
participation less than 10, if required), with actuarial
equivalence computed using a 5 percent interest rate
assumption and the applicable mortality table for that annuity
starting date as defined ih Section 1.2 of the Plan (and
expressing the Participant's age based on completed.
calendar months as of the annuity starting date).
B. Plan Has Immediately Commencing Straight
Life Annuity Payable at Both Age 65 and the Age of Benefit
Commencement. If the annuity starting date for the
51
Participant's benefit is after age 65 and occurs in a Limitation
Year beginning on or after July 1, 2007, and the Plan has an
immediately commencing straight life annuity payable at
both age 65 and the age of benefit commencement, the
Defined Benefit Dollar Limitation at the Participant's annuity
starting date is the lesser of the limitation determined under
Section 20.6.8(b)(ii)ILA, and the Defined Benefit Dollar
Limitation (adjusted under Section 20.6.8(a) for years of
participation less than 10, if required) multiplied by the ratio
of the annual amount of the adjusted immediately
commencing straight life annuity under the Plan at the
Participant's annuity starting date to the annual amount of
the adjusted immediately commencing straight life annuity
under the Plan at age 65, both determined without applying
the limitations of this Article. For this purpose, the adjusted
immediately commencing straight life annuity under the Plan
at the Participant's anhuity starting date is the annual mount
of such annuity payable to the Participant, computed
disregarding the Participant's accruals after age 65 but
including actuarial adjustments even if those actuarial
adjustments are used to offset accruals; and the adjusted
immediately commencing straight life annuity under the Plan
at age 65 is the annual amount of such annuity that would be
payable under the Plan to a hypothetical Participant who is
acne 65 and has the same accrued benefit as the Participant.
(iii) Notwithstanding the other requirements of this.
Section 20.6.8(b), no adjustment shall be made to the
Defined Benefit Dollar Limitation to reflect the probability of a
Participant's death between the annuity starting date and
age 62, or between age 65 and the annuity starting date, as
applicable, if benefits are not forfeited upon the death of the
Participant prior to the annuity starting date. To the extent
benefits are forfeited upon death before the annuity starting
date, such an adjustment shall be made. For this purpose,
no forfeiture shall be treated as occurring upon the
Participant's death if the Plan does not charge Participants
for providing a qualified preretirement survivor annuity, as
defined in § 417(c) the Internal Revenue Code, upon the
Participant's death,
C. Minimum benefit permitted: Notwithstanding
.anything else in this Section to the contrary, the benefit
otherwise accrued or payable to a Participant under this Plan
52
shall be deemed not to exceed the. Maximum Permissible
Benefit if:
(i) the retirement benefits payable for a Limitation
Year under any form of benefit with respect to such
Participant under this Plan and under all other defined
benefit plans (without regard to whether a plan has been
terminated) ever maintained by the. Employer do not exceed
$10,000 multiplied by a fraction - (I) the numerator of which
is the Participant's number of Years (or part thereof; but not
less than one year) of Service (not to exceed 10) with the
Employer, and (il) the denominator of which is 10; and "
(ii) the Employer (or a predecessor Employer) has
not at any time maintained a defined contribution plan in
which the Participant participated (for this purpose,
mandatory employee contributions under a defined benefit
plan, individual medical accounts under § 401(h), and
accounts for postretirement medical benefits established
under § 419A(d}(1) are not considered a separate defined
contribution plan).
20.6.9 Predecessor Employer: If the Employer maintains a plan that
provides a benefit which the Participant accrued while performing services for a
former Employer, the former Employer i§ a predecessor Employer with respect to
the Participant in the plan. Aformer entity that antedates the Employer is also a
predecessor Employer with respect to a Participant if, under the facts and
circumstances, the Employer constitutes a continuation of all or a portion of the
trade or business of the former entity.
20.6.10 Severance from Employment: An employee has a
severance from employment when the employee ceases to be an employee of
the Employer maintaining the plan. An employee does not have a severance
from employment if, in connection with a change of employment, the employee's
new Employer maintains the plan with respect to the employee.
20.6.11 Year of Participation: The Participant shall be credited with a
Year of Participation (computed to fractional parts of a year) for each accrual
computation period for which the following conditions are met: (1) the Participant
is credited with at least the number of hours of sei vice (or period of service if the
elapsed time method is used) for benefit accrual purposes, required under the
terms of the plan ih order to accrue a benefit for the accrual computation period,
and (2) the Participant is included as a Participant under the eligibility provisions
of the plan for at least one day of the accrual computation period. If these two
conditions are met the portion of a year of participation credited to the Participant
shall equal the amount of benefit accrual service credited to the Participant for
53
such accrual computation period. A Participant who is permanently and totally
disabled within the meaning of § 415(c)(3)(C)(i) of the Internal Revenue Code for
an accrual computation period shall receive a Year of Participation with respect to
that period. In addition, for a Participant to receive a Year of Participation (or part
thereof) for an accrual computation period; the plan must be established no later
than the last day of such accrual computation period. In no event shall more
than one Year of Participation be credited for any 12-month period.
20.6.12 Year of Service; For purposes of Section 20.6., the
Participant steal! be credited with a Year of Service (computed to fractional parts
of a year) for each accrual computation period for which the Participant is
credited with at feast the number of hours of service (or period of service if the
elapsed time method is used) for benefit accrual purposes, required under the
terms of the plan ih order to accrue a benefit for the accrual computation period,
taking into account only service with the Employer or a predecessor Employer.
20.7 Other Rules.
20.7.1. Benefits Under Terminated Plans. If a defined benefit plan
maintained by the Employer has terminated with sufficient assets for the payment
of benefit liabilities of all plan Participants and a Participant in the plan has not
yet commenced benefits under the plan, the benefits provided pursuant to the
annuities purchased to provide the Participant's benefit under the terminated plan
at each possible annuity starting date shall be taken into account in applying the
limitations of this Article. If there are not sufficient assets for the payment of all
Participant's benefit liabilities, the benefits taken into account shall be the
benefits that are actually provided to the Participant under the terminated plan.
20.7.2. Benefits Transferred From the Plan. If a Participant's
benefits under a defined benefit plan maintained by the Employer are transferred
to another defined benefit plan maintained by the Employer and the transfer is
not a transfer of distributable benefits pursuant to § 1.411(d)-4, Q&A-3(c), of the
Income Tax Regulations; the transferred benefits are not treated as being
provided under the transferor plan (but are taken into account as benefits
provided under the transferee plan): If a Participant's benefits under a defined
benefit plan maintained by the Employer are transferred to another defined
benefit plan that is not maintained by the Employer and the transfer is not a
transfer of distributable. benefits pursuant to § 1.411(d)-4, Q&A-3(c), of the
Income Tax Regulations, the transferred benefits are treated by the Employer°s
plan as if such benefits were provided under annuities purchased to provide
benefits under a plan. maintained by the Employer that terminated immediately
prior to the transfer with sufficient assets to pay all Participants' benefit liabilities
under the plan. If a Participant's benefits under a defined benefit plan maintained
by the Employer are transferred to another defined benefit plan in a transfer of
distributable benefits pursuant to § 1.411(d)-4, O&A-3(c), of the Income Tax
54
Regulations, the amount transferred is treated as a benefit paid from the
transferor plan.
20.7.3. Formerly Affiliated Plans of the Employer. A formerly
affiliated plan of an Employer shall be treated as a plan maintained by the
Employer, but the formerly affiliated plate shall be treated as if it had terminated
immediately prior to the cessation of affiliation with sufficient assets to pay
Participants' benefit liabilities under the plan and had purchased annuities to
provide benefits.
20.7.4. Plans of a Predecessor Employer. If the Employer maintains
a defined benefit plan that provides benefits accrued by a Participant while
performing services for a predecessor Employer, the Participant's benefits under
a plan maintained by the predecessor Employer shall be treated as provided
under a plan maintained by the Employer. However, for this purpose, the plan of
the predecessor Employer shall be treated as if it had terminated immediately
prior to the event giving rise to the predecessor Employer relationship with
sufficient assets to pay Participants' benefit liabilities under the plan, and had
purchased annuities to provide benefits; the Employer and the predecessor
Employer shall be treated as if they were a single Employer immediately prior to
such event and as unrelated Employers immediately after the event; and if the
event giving rise to the predecessor relationship is a benefit transfer, the
transferred benefits shall be excluded in determining the benefits provided under
the plan for the predecessor Employer.
20.7.5. Special Rules. The limitations of this Article shall be
determined and applied taking into account the rules in § 1.415(f)-1(d), (e} and
(h) of the Income Tax Regulations.
55
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day and year first above written.
VILLAGE OF MORTON GROVE
By:
Its:
BOARD OF LIBRARY DIRECTORS OF THE
VILLAGE OF MORTON GROVE
By: ~ A ip ~ 14~
Its' ~s ~
8000335 1
56
Legislative Summary
Ordinance 08-02
AN ORDINANCE GRANTING A SPECIAL USE PERMIT
IN THE VILLAGE OF MORTON GROVE
FOR PROPERTY LOCATED AT 8323 NAGLE AVENUE
FOR A COMMERCIAL RADIO ANTENNA INSTALLATION
Introduced: January 14,2008
Synopsis: This ordinance will approve a special use permit to construct two radio antennas on an
existing tower located at 8323 Nagle Avenue in the Village of Morton Grove.
Purpose: The installations of antennas are allowed in the M-2 District only pursuaa~t to a special
use ordinance. The antemias will be used for broadcasting of contemporary Christian
music
Background: American Tower Corporation requested a Special Use Permit to install two radio
antennas on an existing tower at 8323 Nagle Avenue which is located in an industrial
area near the Forest Preserve. Previous Village ordinances have granted Special t'se
Permits for the installation of other antennas on this tower. The Plan Commission,
after a hearing held on December 17, 2007, found the Special Use Permit meets the
standards set forth in the Village's Un~ed Development Code and unanimously
recommended the Specia(Use Permit be granted.
Programs, Departments Building and Inspectional Services; Village Planner; Village Engineer
Groups Affected
Fiscal Impact: N/A
Source of Funds: N/A
Workload Impact: The special use application was processed by the Building Commissioner, Village
Engineer, and Village Planner pursuant to the normal course of business:
Admin Recommendation: Approval as presented.
First Reading: January 14, 2008, Required
Special Considerations or None
Requirements:
Respectfully submitted:
Prepared by:_ /'Y'
Teresa Hoffinan
F, e,VillageAdministrator
r~ Reviewed b ~
F` orporation Counsel Ed it ebrandt, Building Commissioner
Ordinance Q8-02
AN ORDINANCE GRANTING A SPECIAL USE PERMIT
IN THE VILLAGE OF MORTON GROVE
FOR PROPERTY LOCATED AT 8323 NAGLE AVENUE
ROR A COMMERCIAL RADIO ANTENNA INSTALLATION
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a Home
Rule mtit of govennnent and under the provisions of Article 7 of the 1970 Corartitution ofthe State oflllinois
and can exercise any power az~d perform any function pertaining to its governmental affairs, including but
not limited to, the power to tax and incur debt; and
WHEREAS, the applicant, American Tower Corporation, 1102 Perimeter Drive, quite 700,
Schaumburg, Illinois 60173, has made a proper application to the Plan Commission in the Village of Morton
Grove under Plan Commission Case No. PC 07-08 requesting a special use permit for 8323 Nagle Avenue to
install two radio antermas on an existing tower; and
WHEREAS, said property is zoned and classified in the M-2 "General Manufacturing District" under
the provisions of the Village of Morton Grove Unified Development Code; acid
WHEREAS, pursuant to the applicable provisions of the Village of Morton Grove Unifted
Developrent Code, upon proper notice duly published in the Clumzpion Newspaper, a newspaper of general
circulation in the Village of Morton Grove, which publication took place on November 29, 2007, and upon
the posting of a sign on the property and upon notice sent to property owners within twa hundred fifty (250)
feet of the subject property, pursuant to applicable law, the Morton Grove Plan Commission held a public
hearing relative to the above referenced case on December 17, 2007, at which time all interested and
concerned parfies were given an opportunity to be present and express their views for the consideration of
the Plan Commission, and as a result of said hearing, the Plan Commission made certain recommendations
and certain conditions through a report dated January 14; 2008, a copy of wliieh is attached hereto as Exhibit
°`R" and made a part hereof; and
WHEREAS, the Corporate Authorities have considered this matter at a Public Hearing az1d find
pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, the proposed
Special Use is designed and proposed so that the public health, safety and welfare will be protected avid the
permit will not cause substantial injury to the value ofthe other properties in the neighborhood in whichit is
located; and
WHEREAS, pursuant to the provisions of the Village of Morton Grove Un~ed Development Code,
the Corporate Authorities have determined the Special Use Permit shall be issued subject to conditions and
restrictions as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BbARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into This Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forCh:
SECTION 2: The property commonly known as 8323 Nagle Avenue, Morton Grove, Illinois, is
hereby granted a Special Use Permit to allow for the construction of two radio antennas on the existing tower
located at that property subject to the following conditions:
I . The proposed antemia installation be constructed in accordance with the site plan and elevations
dated August 15, 2007;
2. That all other codes and ordinances be met.
SECTION 3: The special use is granted for so Long as the occupant and users of this property. utilize
the area for the purposes as herein designated.
SECTION 4: The Village Clerk is hereby authorized and directed to amend ali pertinent records of
the Village of Morton Grove to show and designate the Special Use granted hereunder.
SECTION 5: The applicant/owners and their successors and interests shall comply with all
requirements of the Village of Morton Grove ordinances and codes that are applicable.
SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and
publication in pamphlet form according to law.
PASSED this 28`h day of January 2008.
Trustee Brunner
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staackmami
Trustee Thill
APPROVED by me this 28t1' day of January 2008.
Richard Krier, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
29`h day of January 2008.
Carol A. Fritzshail, Viliage Cierk
Village of Morton Grove
Cook County, Illinois
legis\ord\2007\Plan Comm Case 07-08, 8323 Nagle, antenna
ATTACHMENT "A"
~....
Pla~aa~g ~omnan~sn~flt
~®npgg ~z~a~c4 of 1~.gspeals
January 14, 2008
Village President
Members of the Board of Trustees
6101 Capuiina Avenue
Morton Grove, Illinois 60053
Dear President ICrier and Members of the Village Board:
On December 17, 2007, a pubiie hearing was conducted by the Morton Grove Plan Commission after a
legal notice was published in The Champion newspaper on November 29, 2007, written notification sent
to property owners within 250 feet of the subject property and a sign posted on the property as required
by ordinance regarding:
Plan Commission Case PC07-08, wherein the applicant American Tower Corporation, 1101 Perimeter
Drive, Suite 700, Schaumburg, Illinois 60173 requested a Special Use Permit to construct an installation
of two radio antennas on the existing tower at 8323 Nagle Avenue.
Ms. Bonnie Jacobson, Planner, introduced the case for the Village. She noted that although this is another
set of small antennas for the existing tower, these antennas are radio antennas for the broadcasting of
contemporary Clv istian nausie. The transmission equipment will be stored in the adjacent building. None
of the staff had comments or concerns regarding this case. Ms. Jacobson also noted that the site had been
cleaned up, per discussion, regarding the last antenna approval for the site.
Ms. Me] Motley fiom American Tower Corporation represented the applicant. She concurred with Ivls.
Jacobson's report and was available to respond to questions from the Commission.
One concealed party, ?vlr. Eric Poders, spoke regarding the subject case. He congratulated Village staff
and Conm~issioners for encouraging the applicant to clean up the site. He was concerned, however, that
the tower should be repainted. He was also concerned that the address for American Tower Corporation
was the same address as the last applicant for the site (which in fact, it is not) aiad that American Tower
Corporation should be investigated to be sure they are an Illinois licensed corporation. Ms. Motley
responded that they are a licensed corporation and would provide a copy of the license if necessary.
Chairman Parkas indicated this was not the P}an Commission's purview.
Regarding the painting of the tower, Building Commissioner Flildebrandt noted that the tower is
galvanized steel and is not required to be painted.. The tower was painted originally to comply with FAA
regulations pursuant to its proximity to the Glenview Navai Air Station, which is no longer there. Thus
painting the tower is not required.
The Plan Commissioners questioned the applicant as to the use of the proposed antennas and the orio n of
the broadcast Commissioner }2oepenack commented that the emission output from the antennas is very
~-~ low -well below FCC Standards.
Richard T. Flickinger Municipal Center
6101 Capulina Avenue Morton Grove, Illinois 60053-2985 ":,
Tei: (847) 965-4100 Fax: X847) 90'S-4162 ~ ~~"~
Arcvcicdi a, ar
Ms. Motley responded that she believes the broadcast originates front California and that a tower system
is used both for receiving and transmitting signals.
Commissioner Roeuenac"~ made a motion, which was seconded by Co~mnissioner Gabriel to approve a
Special Use Permit for a radio antenna installation on the existing microwave tower at 8323 Nagle
Avenue, subject to the following conditions:
1. That the proposed antenna installation be constructed in accordance with the site plan and
elevations dated fS/15/07; and
2. That all other codes and ordinances be met.
The motion carried: Yes 5; No 0; Absent 2
The voting:
Chairman Parkas Yes
Connnissioner Dorgan Absent
Commissioner Gabriel Yes
Commissioner Gattorna Yes
Conmlissioner Goyal Absent
Commissioner Patel. Yes
Corunissioner Roepenaek Yes
The "Findings of Fact" relative to the seven standards by which a Special Use is evaluated is attached to
the report
Res~'fully Submitted,
,.
c
ona d Far<as
Chairman
Commdev/zoning/plancomm/pe07-0S report
Findins?s of Pact
Listed below are seven standards articulated in Section 12-16-4C of the 'Village of ATo~~ton Grove Ui~~~ed
Development Code upon which the Plan Commission based its decision.
__; 1. Preservation of Health, Safety, Morals and Welfare -The establishment, mainfenance and
operation of the Special Use will not be detrimental to or endanger the public health, safety,
morals orgeneradweifare.
• The Plan Commission concluded that the public welfare would not be endangered by the
proposed installation. Commissioner Roepenack commented that electromagnetic emissions
are way below FCC regulations.
~. ALi~arent Pr-npert:eS -The ~peC:ai T.1Se Sho.~ld not be :nf @rlnnS tf? the nce and nn~n~imant pr
other property in the immediate vicinity for the uses permitted in the zmring district.
• The proposed antenna installation will not be injurious to the use and enjo}nnent of
suiTOw~dingproperty. ThepropeiYy is in an industrial zoning disll~ct surrounded by industrial
uses. The antennas will be mounted on an existing microwave tower and will be barely
visible. The equipment will be in an adjacent existing building.
3. Orderly Development - Theestablishment of the Special Use will not impede normal and
orderly development or impede the utilization of surrounding property for uses permitted in
the zoning district.
• The proposed installation is on an existing tower in an existing built-out industt-ial area that is
not planned for redevelopment. Thus, orderly development is not impeded.
4.Adequate Facilities -Adequate utilities, access roads, drainage and other necessary .facilities
are in existence or az'e being provided.
• The proposed Special Use is on an existing tower where adequate facilities are already
present.
5. 'Traffic Control -- Adequate measures have been or will be taken to provide ingress and egress
desegned to minimize traffic congestion on the public streets. The proposed use of the subject
site should not draw substantial amounts of traffic on loeal residentialstre'ets.
• The proposed antenna installation requires once a month service and thus will not affect
traffe or cause congestion. The Traffic Safety Commission waived review of the. case due to
minimal traffic impact:
6. Adequate ,Buffering -Adequate fencing and%or screening shall be provided to ensure the right
of enjoyment of surromrding properties to provide for the public safety or to screen parking
areas and other visually incompatible uses.
• No landscaping or screening is necessary since the equipment is stored in an adjacent
building.
7. Conformance to Other Regulations -The Special Use shall, in aU other respects, conform to
applicable provisions of this Ordinance or amendments thereto. Variation from provisions of
this Ordinance, as provided for in Section 12-16-3A1, may be considered by the Plan
C'ommissio^ and the Village Board of Trustees as a part of the special use permit.
• The proposed installation will be required to adhere to all pertinent Village codes and
ordinances.
Coss;devAzonir~gA;3tancom1pc07-OS findings ofi2ct
Legislative Summary
Ordinance OS-04
ESTABLISHING TITLE 4, CI~APTER 17G ENTITLED
SELF-STORAGE FACILITY ACCOMMODATIONS TAX
IN THE VILLAGE OF MORTON GROVE
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
First Reading:
Special Considerations or
Requirements:
Respectfully submitted:
January 14, 2008
This ordinance will establish a self storage facility accommodation tax
within the Village of Morton Grove.
In order to raise additional revenue to support all municipal services within
the Village of MOrtOn Grove to cover the cost for municipal services required
by self-storage facilities, this ordinance will impose a tax of five percent
(5%) of the gross rental or leasing charges of self storage facility
accommodations.
The Village is a home rule community and has the authority to impose taxes
on goods, services or accommodations within the Village of Morton Grove.
With the assistance of Special Counsel, Village staff has proposed the Board
adopt aself-storage facility accommodation tax at fve percent (5%) of the
gross rental or leasing charges of separately divided storage rows offered for
]ease or rent to members of the public for storage of personal .property.
Finance DeparEment.
This tax is projected to generate $50,000 in General Fund Revenue.
The tax will be borne by the lessees or tenants of said storage facility and
shall be collected by the owners, operators, or managers of said facilities.
The management of the program is performed by the Fina~lce Department as
part of their normal work activities.
Approval as presented
January 14, 2008, Required
None
Village Admin
Prepared by: ~~"`7~ ~' ~'"~-~.. Revi
Teresa t{offiiian L s n, Corporation Counsel
Partipilo,
Ordinance 08-04
AN ORDINANCE ESTABLISHING TITLE 4, CHAPTER 17G ENTITLED
SELF-STORAGE FACILITY ACCOMMODATIONS TAX
IN THE VILLAGE OF MORTON GROVE
WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a
home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its govenunent affairs,
including but not Limited to the power to tax and incur debt; and
WHEREAS, the Village has a policy of regularly reviewing and revising the Municipal Code,
as necessary, to insure all provisions of the document remain compliant with contemporary statutes
and relevant to current operations; and
WHEREAS, in exercise of its home-rule authority, the Village, through its President and Board
of Trustees, has found and determined that, in order to raise additional revenue to assist in covering the
cost for increased use of municipal services required by certain storage facilities, the establislunent of a
tax ona charge or fee for self-storage facility accorrnnodations within the Village is in the best interest
of the public health, safety, azld welfare of its citizens; atzd
WHEREAS, at the direction of the Village President, Village staff has undertaken the review
and development of a new Title 4, Chapter 17G to be incorporated into the Municipal Code of the
Village of Morton Grove entitled Self-Storage Facility Acconarnodatioi2s Tax,
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION L• The Corporate Authorities do hereby incorporate the foregoing Whereas clauses
into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set
forth.
SECTION 2: The Village of Morton Grove Code Municipal Code is hereby amended by the
addition of a new Title 4, Chapter 17G to be entitled Self-Storage Facility Accommodations Tax which
shallsead as follows:
CHAPTER 4
SERVICES BUSINESS
ARTICLE B: SELF-STORAGE FACILITY ACCOMMODATIONS TAX
SECTION:
4-17G-1: Self-Storage Facility Accommodations Tax Imposed
-17G-2: Definition of Self Storage FaeiIity
4-17G-3: Tax to be Borne by Tenant
4-17G-4: Self-Storage Facility to Secure Tax from Tenant
4-17G-5: Records to be Kept
4-17G-6: Enforcement/License Suspension/Revocation
4-17G-7: Penalties
4-17G-1: SELF-STORAGE FACILITY ACCOMMODATIONS TAX IMPOSED: There is
imposed hereby and shall accrue immediately and be collected a tax, as herein provided,
upon the rental or leasing of any self-storage facility accommodations in the Village of Morton Grove,
at the rate of five percent (5%) of the gross rental or leasing charge. This tax shall be in addition to
any and all other taxes.
4-17G-2: DEFINITION OF SELF-STORAGE FACILITY: A building or structure containuig
separately divided storage rooms offered for lease or rent to members of the general
public for the storage of personal property.
4-17G-3: TAX TO BE BORNE BY TENANT: The ultimate incidence of and liability for
payment of said tax shall be borne by the lessee or tenant of any such self-storage
facility accommodations. Nothing herein shall be construed to impose a tax upon the occupation of
leasing or operating self-storage facilities., Each operator of aself-storage facility shalt have the duty
to collect the self-storage facility accommodation tax from each lessee and to pay it over to the Village
along with an accounting therefore on the return forms provided by the Village. The return and the tax
shall be filed with the Director of Finance/Treasurer on the same filing dates as are established for
filing with the Illinois Department of Revenue of the Retailer's Occupation Tax Return Fonn ST1 or a
subsequently required fornt. It shall be unlawful for any owner, manager or operator ofself-storage
facility accommodations to fail to cause said tax to be collected from the lessee or tenant of said self-
storage facility accommodations or to fail to file any tax return required by this ordinance, or cause
said tax to be paid over to the Director of Finance/Treasurer under rules and regulations prescribed by
the Director of Finance/Treasurer and as otherwise provided for in this Article.
4-17G-4: SELF-STORAGE FACILITY TO SECURE TAX FROM TENANT: The tax
herein levied shall be collected by the self-storage facility owner, manager or operator
from the lessee or tenant when collecting the price, charge or rent to which it applies. Every lessee or
tenant shall be given a bill, invoice, receipt, or other statement or memorandum of the price, charge or
rent payable upon which the self-storage facility accommodations tax shall be stated, charged at~d
shown separately. The self-storage facility accommodations tax shall be paid to the Director of
Finance/Treasurer as trustee thereof for and on behalf of the Village.
4-17G-5: RECORDS TO BE KEPT: Every owner, manager, or operator of aself-storage
facility in the Village shad register v~ith the Village on forms provided by the Director
of Finance(Treasurer. Each such owner, manager, or operator shall have the duty to maintain complete
and accurate books, records and accounts showing the gross receipts for the lease of any self-storage
facility accommodations within the Village of Morton Grove and showing the prices,Yents or charges
made or charged, and occupancies taxable under this self-storage facility acconunodations tax. The
Director of Finance/Treasurer, or his/her designee, shall at all reasonable times have full access to said
books and records.
4-17G-6: ENFORCEMENT/LICENSE SUSPENSION/REVOCATION:
A. Any self-storage facility who fails to timely pay all taxes due pursuant to this article shall also
pay a penalty equal to five percent (5%) of any such unpaid tax and shall pay interest on any
past due balance at the rate of one percent (1 %) per month. Any self-storage facility who fails
to timely file a tax return required pursuant to this arCicle shall also pay a penalty equal to five
percent (5%) of any tax due during the period covered by the return.
B. The failure to comply with any obligation imposed by this article shall also be grounds for the
suspension or revocation of ary license or per:.lit issued to the self-storage facility or with
respect to the self-storage facility pursuant to the procedure set forth in Section 4-17G-5 of this
title.
4-17G-7: PENALTIES: Any person found guilty of violating any provision of This article may,
in addition to any tax or penalty due, be assessed a fine of not less than seventy-five
dollars ($75.00) and not more than seven hundred fifty dollars ($750.00). Each day a violation
continues to exist shall be a separate offense.. Citations for violations of this article shall be
adjudicated by the Village's Administrative Adjudication Hearing Officer, or at the choice of the
Village of Morton Grove, by any court of competent jurisdiction.
SECTION 3: The terms and conditions of this ordinance shall be severable and if any section,
term, provision, or condition is found to be invalid or unenforceable for any reason by a court of
competent jurisdiction, the remaining sections, terms, provisions, and conditions shall remain in full
force and effect.
SECTION 4: In the event this ordinance or any part thereof is in conflict with any statute,
ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and shall
supersede all other statutes, ordinances, or resolutions by only to the extent of such conflict.
SECTION 5: This ordinance shall be in full force and effect on February 1, 2008, provided it
has been adopted, approved and published as provided by law.
PASSED this 28`h day of January 2008.
Trustee Brumler
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staackmann
Trustee Thill
APPROVED by me this 28t" day of January 2008.
Richard Krier, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 29°i day of January 2008.
Carol A. Fritzshall, Village Clerk
Village of Morton Grove
Cook County, Illinois
Le~islord\2007\self storage facility accommodations tax
Legislative Summary
Resolution 08-04
AUTHORIZING THE EXECUTION OF A CONTRACT
WITH G & L CONTRACTORS, INC.
FORTHE 2008 MATERIAL HAULING PROGRAM
Introduced: January 28, 2008
Synopsis: To authorize the Village President to execute a contract with G & L
Contractors, Inc. for the 2008 Material Hauling Program.
Purpose: The 2008 Material Hauling Program is necessary to haul and dispose of
mixed fill material and to transport and famish sand and stone material for
the Village.
Background: Each year the Village contracts with a material hauling contractor to assist in
the hauling of materials to and from the Public Works facility at 7840 Nagle
Avenue.
Programs, Departments Public Works Department
or Groups Affected
Fiscal Impact: The estimated contract value is $105,030.60. Since this is a unit price
contract, the final contract amount will be based on the actual quantity of
work performed.
Source of Funds: Genera} Revenue Fund, Enterprise Fund.
Workload Impact: The Public Works Department as part of their normal work activities
performs the management and implementation of the program.
Administrator Approval as presented.
Recommendation:
First Reading: Not Required.
Special Considerations or None
Requirements:
Respectfully submitted: X11 ~ UL'lsttC/
Josep F. W `de, Village Administrator
Prepared by: ~ ( Reviewed by:
Ry n Gillinghan, Village Engineer
Teresa
RESOLUTION 08-04
AUTHORIZATION TO EXECUTE A CONTRACT WITH
G & L CONTRACTORS, INC.
FOR THE
2008 MATERIAL HAULING PROGRAM
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is ahome rule
unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can
exercise any power and perform any function pertaining to its govermnent affairs, including but not limited
to the power to tax and incur debt; and
WHEREAS, the 2008 Material Hauling Program is necessary to haul away and dispose of mixed fill
material and to transport and furnish sand and stone aggregate materials for the Village; and
WHEREAS, the Public Works Department advertised in the December 20, 2007, issue of tlae Pioneer
Press Newspaper inviting bids on the `'2008 Material Hauling Program"; and
WHEREAS, eight general contractors were notified of the availability of bidding materials and four
general contractors obtained the bidding materials; and
WHEREAS, three bids were received, publicly opened and read at the Public Works Facility at 10:00
a.m. on Friday, January 11, 2008, with the bid results as follows:
Contractor Total
G&M Trucking, Ina $109,17b.25
G&L Contractors, hzc $105,030.60
Super Trucking $114,408.81
(See attached "Tabulation of Bids" for additional details.)
and
WHEREAS, funding for the above work is included in multiple budget line items within the Village
of Morton Grove's 2008 Budget in Account Numbers: 02-50-17-55-2260, 02-50-17-56-3110, 40-50-33-55-
2260,40-50-33-56-2110,40-50-34-55-2260, and 40-50-34-56-3110; and
WHEREAS, the qualifications and availability of the low bidder have been verified.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OE
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Resolution as though fully set forth therein thereby making the fmdings as hereinabove set forth.
SECTION 2: The Village President of the Village of Morton Grove is hereby authorized to execute
and the VIllage Clerk to attest the contract with the Contractor, G & L Contractors, Inc 7401 St Louis Ave.,
Skokie, IL 60076 based upon their bid. for the "2008 Material Hauling Program" in the amount of
$105,030.60.
SECTION 3: The Public Works Director or his designee is authorized to implement the 2008
Material Hauling Program per the executed contract.
SECTION 4: This Resolution shall be in full force and effect upon its passage and approval.
PASSED this 28`" day of January 2008.
Trustee Brunner
Trustee Kogstad
Trustee Marcus
Trustee Mirvc
Trustee Staackmann
Trustee Thill
APPROVED by me this 28`" day of January 2008.
Richard Krier, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
this 29`~" day of January 2008.
Carol A. Fritzshall, Village Clerk
Village of Morton Grove
Cook County, Iifinois
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Legislative Summary
Resolution 08-05
AUTHORIZING THE EXECUTION OF A CONTRACT
WITH STEVE PIPER & SONS, INC.
FOR THE 2008 TREE TRIMMING PROGRAM
Introduced: ~ January 28, 2008
Synopsis: To authorize the Village President to execute a contract with Steve Piper &
Sons, Inc. for the 2008 Tree Trimming Program.
Purpose: The 2008 Tree Trimming Program is necessary to maintain the quality and
health of the trees in the Village.
Background: Each year, the Village contracts with a tree trimming contractor to assist in
the maintenance of trees within defined areas of the Village.
Programs, Departments Public Works
or Groups Affected
Fiscal Impact: The estimated contract value is $25,167.75. Since this is a unit price
egntract, the final contract amount will be based on the actual quantity of
work performed.
Source of Funds: General Revenue
Workload Impact: The Public Works Department, as part of their normal work activities,
performs the management and implementation of the program.
Administrator Approval as presented.
Recommendation:
First Reading: Not Required
Special Considerations or None
Requirements:
Respectfully submitted: rh9 t~%, ~A'~t~
Jose F. ade, Village Administrator
Prepared by: ~C~ . ~~< _ Reviewed by:
Ryar C. ~illinghai , Villag flngineer
Teresa
Corporation Counsel
RESOLUTION 08-OS
AUTHORIZATION TO EXECUTE A CONTRACT WITH
STEVE PIPER & SONS, INC.
FOR THE
2008 TREE TRIIVIIVIING PROGRAIe2
WHEREAS, the Village of Morton Grove (Village}, located in Cook County, Illinois, is a home rule
unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can
exercise any power and perform any function pertaining to its govermment affairs, including but not limited
to the power to tax and incur debt; and
WHEREAS, the 2008 Tree Trimming Program is necessary to maintain the qualityand healthofthe
trees iri the Village; and
WHEREAS, the Public Works Department advertised in the December 20, 2007, issue of the Pioneer
Press Newspaper inviting bids oh the "2008 Tree Trimming Program"; and
WHEREAS, eleven general contractors were notified of the availability of bidding materials acid
three general contractors obtained the bidding materials; and
WHEREAS, three bids were received, publicly opened and read at the Public Works Facility at 10:30
a.m. on Friday, January 11, 2008, with the bid results as follows:
Contractor
Total
Asplundh Tree Expert Company X39,215.31
Nels J. Johnson Tree Experts, Inc. $31,725.00
Steve Piper & Son, Ina $25,167.75
(See attached "Tabulation of Bids" for additional details.)
and
WHEREAS, the estimated contract value based on the low bidder's unit prices is $25,167.75; and
WHEREAS, funding for the above work is included in the Village of Morton Grove's 2008 Budget
as Account Number 025017-552250; and
WHEREAS, the low bidder has provided a copy of the required Emerald Ash Borer Compliance
Agreement; and
WHEREAS, in lieu of the Illinois Department of Transportation's Certificate of Eligibility, the low
bidder has provided satisfactory evidence of their capabilities to perform the work in accordance with the
contrast documents; and
WHEREAS, Steve Piper & Sons, Inc. has performed satisfactorily for the Village of Morton Grove
on past tree trimming programs; and
WHEREAS, the qualifications and availability of the low bidder have been verified.
NOW; THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth.
SECTION 2: The Village President of the Village of Morton Grove is hereby authorized to execute
and the Village Clerk to attest the contract with the contractor, Steve Piper & Sons, Inc., 31 W320 Ramm Dr.,
Naperville, Illinois 60564, based upon their bid for the "2008 Tree Trimming Program" in the amount of
$25,167.75.
SECTION 3: The Public Works Director or his designee is authorized to implement the 2008 Tree
Trimming Program per the Contract Documents.
SECTION 4: This Resolution shall be in full force and effect upon its passage and approval.
PASSED this 28'x' day of January 2008.
Trustee Bruimer
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staackmann
Trustee Thill
APPROVED by me this 28`h day of January 2008.
Richard Krier, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
This 29th day of January 2008
Carol A. Fritzshall, Village Clerk
Village of Morton Grove
Cook County, Illinois
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Legislative Summary
Resolution 08-06
AUTHORIZING THE PURCHASE OF A
THREE WHEELED FRONT DUMP SWEEPER (PELICAN)
Introduced: ~ January 28, 2008
Synopsis: This resolution will authorize the Public Works Department to purchase a
new Pelican three-wheeled sweeper from Standard Equipment Company,
through the North Suburban Purchasing Cooperative Procurement Program.
Purpose: To replace an existing 1997 Pelican three-wheeled sweeper which has
reached the end of its useful service life to the Viilage.
Background: The Public Works Department routinely reviews vehicles and equipment for
safety, dependability, age, and excessive repair cost. In doing so, this help
the Department o make informed decisions concerning replacing or
eliminating equipment that no longer meets the department's service needs.
Programs, Departments Public Works and Finance Departments.
or Groups Affected
Fiscal Impact: Funds in the 2008 Adopted Budget have been approved in the amount of
$325,300 for replacement of vehicles and related equipment. The cost for the
vehicle to be replaced at this time is in the amount of $141,380
Source of Funds: General and Enterprise Funds, Account Numbers 025017-572010 and
405033-572030.
Workload Impact: The implementation of the program is done as part of the normal operations
of the Public Works and Finance Departments.
Administrator Approval as presented.
Recommendation:
First Reading: Not required.
Special Considerations or None
Requirements:
Respectfully submitted: ~/~ ~S~isr~-
Joe de, Villa e Administrator
/'~~ , ..
Prepared by: / .~~/,/ ~ Reviewed. by: _E
De Monte, Director of Public Works Teresa
r
Corporation Counsel
RESOLUTION 08-06
AUTHORIZING THE PURCHASE OF
ANEW ELGIN, PELICAN STREET SWEEPER THROUGH THE NORTH SUBURBAN
PURCHASING COOPERATIVE PROCUREMENT PROGRAM
WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois,
is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of
the State of Illinois, can exercise any power and perform any function pertaining to its
government affairs, including but not limited to the power to tax and incur debt; and
WHEREAS, the Northwest Municipal Conference conducted a bidding process for the
Cooperative Procm•ement Program, providing for the purchase of a new Elgin, Pelican three-
wheeled sweeper, and the low bidder for said purchase was Standard Equipment Company
located at 2033 West Walnut Street, Chicago, Illinois 60612; and
WHEREAS, the Village as a member of the Northwest Municipal Conference has
previously utilized the North Suburban Purchasing Cooperative Procurement Program for
purchases of vehicles and related equipment; and
WHEREAS, the Village Board approved the 2008 Adopted Budget on November 26,
2007, as Ordinance 07-32, which included account numbers 025017-572010 and 405033-572030
in the amount of $325,300 that provides funding for various vehicles and equipment
replacement; and
WHEREAS, the description and purchase price for this vehicle is as follows:
2008 Elgin Pelican NP dual street sweeper Total: $141.380
NO~~J, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF ThIE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do l-iereby incorporate the foregoing WFfF..REAS
clauses into this Resolution as though fully set forth therein thereby making the f ndings as
hereinabove set forth.
SECTION 2: That only that company listed and described on this Resolution for the
purchase of a New 2008 Elgin Pelican NP dual street sweeper be approved in this Resolution.
SECTION 3: The Director of Public Works of the Village of Morton Grove is hereby
authorized to execute the purchase of a New 2008 Elgin Pelican NP dual street sweeper for a
total amount of $141,380 from Standard Equipment Company located at 2033 West Walnut
Street, Chicago, Illinois 60612; and
SECTION 4: That this Resolution shall be in full force and effect from and upon its
passage and approval.
PASSED this 28th day of 3anaary 2008.
Trustee Brmmer
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staackmann
Trustee Thill
APPROVED by me this 28`" day of January 2008.
Richard Krier, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
This 29`~ day of January 2008.
Carol A. Fritzshall, Village Clerk
Village of Morton Grove
Cook County, Illinois