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2012-29 FLORIDA MUNICIPAL PENSION TRUST FUND DEFINED BFNEFIT PLAN AND TRUST ADOPTION AGREEMENT The undersigned Employer adopts the Florida Municipal Pension Trust Fund Defined Benefit Plan and Trust for those Employees who shall qualify as Participants hereunder, to be known as the Retirement Plan and Trust for the Police Officers of the City of Clermont It shall be effective as of the date specified below. The Employer hereby selects the following Plan specifications: EMPLOYER INFORMATION Employer: City of Clermont Contact Name and Title: Joseph Van Zile, Administrative Services Director Address: P. O. Box 120219 Clermont, FL 34712 -0219 Telephone: 352 - 241 -7367 Fax: 352 - 394 -4082 E -Mail: jvanzile @clermontfl.org NAME AND ADDRESS OF TRUSTEE: Florida Municipal Pension Trust Fund 301 S. Bronough St., Suite 300 P.O. Box 1757 Tallahassee, FL 32302 -1757 TEL: (850)222 -9684 Fax: (850)222 -3806 LOCATION OF EMPLOYER'S PRINCIPAL OFFICE: The Employer is located in the State of Florida and this Trust shall be enforced and construed under the laws of the State of Florida. EMPLOYER FISCAL YEAR: Twelve months commencing on October 1st and ending on September 30th. 5 -8 -12 Adoption Agreement for the Retirement Plan & Trust for The Police Officers of the City of Clermont A. PLAN INFORMATION This Adoption Agreement shall establish a Plan and Trust with the following provisions: Al) Plan Inception Date: December 20, 1960 A2) Current Amendment Date May 8, 2012 A3) Plan Year (12 consecutive month period): Beginning October 1 and Ending September 30 A4) Plan Anniversary Date (Annual Valuation Date): October 1 A5) Name of Plan Administrator: Florida Municipal Pension Trust Fund 301 S. Bronough St. Post Office Box 1757 Tallahassee, Florida 32302 -1757 Tel: (850) 222 -9684 Fax: (850) 222 -3806 A6) Florida Municipal Pension Trust Fund I.D. Number: 59- 2961075 A7) Florida Municipal Pension Trust Funds' Agent for Legal Process: Florida League of Cities, Inc. 301 South Bronough St., P.O. Box 1757 Tallahassee, FL 32302 -1757 Tef: (850) 222 -9684 Fax: (850) 222 -3806 B. PLAN This plan represents the full -time Police Officers of the City of Clermont. C. ELIGIBILITY All full -time Police officers of the City of Clermont are eligible to participate in this plan immediately when hired. (Statutory requirement for Plans operating under Chapters 185, Fl Stat) D. SALARY Shall mean the total cash remuneration paid to a Police Officer for services rendered, but not including any payments for extra duty or special detail work performed on behalf of a second party employer. The amount of annual overtime compensation that may be included in the calculation of the participant's retirement benefit shall be limited to the first three hundred (300) hours of overtime paid per calendar year. The remuneration paid a Police Officer by the employer for a plan year excludes bonuses. The amount of the accrued unused sick or annual leave payment at retirement that may be included in the calculation of th,e participant's retirement benefit shall be the 2 5 -8 -12 Adoption Agreement for the Retirement Plan & Trust for The Police Officers of the City of Clermont lesser of (a) the total value of accrued unused sick or annual leave that would have been paid to the participant based on years of service as of February 14, 2012 or (b) the actual amount of accrued unused sick or annual leave paid to the participant at retirement. E. CREDITED SERVICE Shall mean the total number of years and fractional parts of years of service as a Participant during which the Participant made required contributions to the Plan, omitting intervening years or fractional parts of years when such Participant is not employed by the Employer. (See Plan Definition) Credited Service shall also include Credited Service purchased by a member in accordance with this section: a. Participants who were employed in a position covered by the Plan prior to the effective date of this ordinance may purchase up to five (5) additional years of Credited Service under the Plan for all or a portion of their previous full -time employment with the federal government, including military service, or any state, county, or city government other than the City of Clermont. Any participant who elects, prior to three (3) months from the effective date of this ordinance to purchase previous full -time employment with the federal government, including military service, or any state, county, or city government other than the City of Clermont, shall pay the full actuarial cost of such Credited Service on or before six (6) months from the effective date of this ordinance in accordance with subsection (d) below. The calculation of the full actuarial cost shall be made using the assumptions contained in the actuarial valuation performed prior to the purchase of the service credits. The employee salary used as the initial salary for the projected salary shall be the salary for the year preceding the purchase of the service credits. The service credits shall be used for benefit accrual and for satisfying service requirements for benefits. b. Participants with a hire date after the effective date of this ordinance may purchase up to five (5) additional years of Credited Service at any time before completing three (3) months of service with the City of Clermont; provided the member has paid into the plan prior to completing six (6) months of service, the full actuarial cost of such Credited Service as determined by the plan actuary. The calculation of the full actuarial cost shall be made using the assumptions contained in the actuarial valuation performed prior to the purchase of the service credits. The employee salary used as the initial salary for the projected salary shall be the employee's annualized starting salary. The service credits shall be used for benefit accrual and for satisfying ' service requirements for benefits. c. No additional service credit will be allowed if the participant is receiving or will receive any other retirement benefit based on the prior government service. 3 5 -8 -12 Adoption Agreement for the Retirement Plan & Trust for The Police Officers of the City of Clermont d. Payment for the purchase of credited service authorized in subsection (a) and (b), above, shall be made in one of the following manners: a. Cash lump sum payment. b. Direct transfer or rollover of an eligible rollover distribution from a qualified Plan. Full payment for the purchase of past service credit must be made before separation from City employment. F. AVERAGE FINAL COMPENSATION Shall mean one - twelfth (1/12) of the average annual compensation of the five (5) best years of the last ten (10) years of Credited Service prior to retirement, termination or death, or the career average, whichever• is greater. (See Phan Definition) G. BENEFIT AMOUNTS AND ELIGIBILITY G1) Normal Retirement Date: A Participant's Normal Retirement Date shall be the first day of the month coincident with or next following the attainment of age 55 and 10 years of service or 20 years of service, regardless of age. G2) Normal Retirement Benefit: The monthly retirement benefit shall be equal to the sum of (1) the number of years of service prior to October 1, 2002 multiplied by 2.25% and (2) the number of years of service after October 1, 2002, multiplied by 3% and multiplied by average final compensation. G3) Early Retirement Date: A Participant may retire on his Early Retirement Date, which shall be the first day of any month coincident with or next following the attainment of age 50 and the completion of 10 years of credited service G4) Early Retirement Benefit: The accrued benefit will be reduced by three percent (3 %) for all years before normal retirement age. • 4 5 -8 -12 Adoption Agreement for the Retirement Plan & Trust for The Police Officers of the City of Clermont H. DISABILITY BENEFITS , H1) Disability Benefits In- the - Line -of -Duty: A member determined to be totally and permanently disabled from service connected injury or disease will receive the greater of (a) the accrued benefit, (b) the accumulated contributions at 5% interest or (c) 42% of average compensation. H2) Disability Benefits Off -Duty: A member determined to be totally and permanently disabled from a non - service connected injury or disease must have completed at least ten (10) years of service. A member determined to be totally and permanently disabled from a non - service connected injury or disease and who has completed the required years of service will receive the greater of (a) the accrued benefit, (b) the accumulated contributions at 5% interest or (c) 42% of average compensation. A member determined to be totally and permanently disabled from a non - service connected injury or disease and who has not completed the required years of service shall receive a return of employee contributions with 5% interest. I. DEATH BENEFITS 11) Death Prior to Vestinq - In- Line -Of -Duty: If a member dies prior to retirement in- the - line -of -duty, and he is not vested, his beneficiary shall receive a refund of one hundred percent (100 %) of the member's accumulated contributions. 12) Death After Vesting - In- Line -Of -Duty: If a member dies prior to retirement in- the - line -of -duty, and he is vested, having completed the required years of credited service, his beneficiary shall receive the benefits otherwise payable to the member at the member's early or normal retirement date. 13) Death Prior to Vestinq - Off —Duty: If a member dies prior to retirement other than in- the - Tine -of -duty, but he is not vested, his beneficiary shall receive a refund of one hundred percent (100 %) of the member's accumulated contributions. 14) Death After Vesting - Off -Duty: If a member dies prior to retirement other than in- the - line -of -duty, and he is . vested, having completed the required years of credited service, his 5 5 -8 -12 Adoption Agreement for the Retirement Plan & Trust for The Police Officers of the City of Clermont beneficiary shall receive the benefits otherwise payable to the member at the member's early or normal retirement date. J. TERMINATION OF EMPLOYMENT AND VESTING If a member's employment is terminated either voluntarily or involuntarily the following benefits are payable: 1) If the member has less than five (5) years of credited service upon termination of employment, the member shall be entitled to a refund of his accumulated contributions or the member may leave the accumulated contributions deposited with the Fund. 2) If the member has more than five (5) and Tess than ten (10) years of Credited Service upon termination of employment, the member shall be entitled to their accrued monthly retirement benefit, starting at the member's otherwise Normal or Early Retirement Date, provided he does not elect to withdraw his contributions and provided he survives to his Normal or Early Retirement Date. In accordance with the following schedule: Years of Service Vesting Percentage 5 50% 6 60% 7 70% 8 80% 9 90% For the purposes of this section only, a member may start drawing his vested Accrued Benefit at age 55. Early retirement deduction will be based on the years between age 55 and Early Retirement Date. 3) If the member has ten (10) or more years of Credited Service upon termination of employment, the member shall be entitled to their accrued monthly retirement benefit, starting at the member's otherwise Normal or Early Retirement Date, provided he does not elect to withdraw his contributions and provided he survives to his Normal or Early Retirement Date. Early and Normal Retirement Dates are based on actual years of Credited Service. K. EMPLOYEE CONTRIBUTIONS Members of the Plan shall be required to make regular contributions to the Fund in the amount of three percent (3 %) % of their salary on a pre -tax basis. L. COST OF LIVING ADJUSTMENT Not applicable unless otherwise stated. 6 5 -8 -12 Adoption Agreement for the Retirement Plan & Trust for The Police Officers of the City of Clermont M. DEFERRED RETIREMENT OPTION PROGRAM-"DROP" I. ELIGIBILITY. A participant who reaches the normal retirement date as a Police Officer for the City of Clermont and is a member of the City of Clermont Police Officers' Pension Plan may enter into a Deferred Retirement Option Plan ( "DROP ") on the first day of the month following the attainment of normal retirement date as defined in the Plan Adoption Agreement. Participants who attained their normal retirement date prior to the enactment of the "DROP" shall be afforded the option of participating immediately or retroactively to the date that they actually attained their normal retirement date. This option must be exercised no later than (60) days after the Board provided notice of this option to the affected employee. II. WRITTEN ELECTION. An eligible participant electing to participate in the "DROP" must complete and execute the proper forms supplied by the plan and a resignation of employment. Election into the "DROP" is irrevocable once a participant completes the application to enter the "DROP ". III. LIMITATION AND DISQUALIFICATION FOR OTHER BENEFITS. A participant may participate in the "DROP" only once. After commencement of participation the employee shall no longer earn or accrue additional vesting credits or credited years of service toward retirement benefits and shall not be eligible for disability or pre- retirement death benefits in the City of Clermont Police Officers' Pension Plan. IV. CESSATION OR REDUCTION OF CONTRIBUTIONS. Upon the effective date of a participant's commencement of participation in the "DROP ", the participant's contributions to the City of Clermont Police Officers' Pension Plan will be discontinued. V. BENEFIT CALCULATIONS. For all City of Clermont Police Officers' Pension Plan purposes, the credited service and vesting credits of a participant participating in the "DROP" shall remain as they existed on the effective date of commencement of participation in the "DROP ". The participant shall not earn or be credited with any additional vesting credits or credited service after beginning "DROP" participation. Service thereafter shall not be recognized by the City of Clermont Police Officers' Pension Plan or used for the calculation or determination of any benefits payable by such Plana The average final compensation of the participant shall remain as it existed on the effective date of commencement of participation in the "DROP ". Payment for accrued unused leave (vacation, holiday, etc.) shall be made, at the option of the participant, from one of the following choices: 1. when commencing participation in the "DROP ", or 2. as the leave is actually used during participation in the "DROP ", or 3. when the participant actually terminates employment with the City. 7 5 -8 -12 Adoption Agreement for the Retirement Plan & Trust for The Police Officers of the City of Clermont Earnings thereafter shall not be recognized by the Plan or used for the calculation or determination of any benefits payable by the Plan. However, the value of any retirement gift provided by the City shall be based on the date that a participant actually leaves employment with the City including the "DROP" participation period. VI. PAYMENTS TO DROP ACCOUNT. The monthly retirement benefits that would have been payable had the member elected to cease employment and receive normal retirement benefits shall be deposited in the participant's "DROP" account. VII. DROP ACCOUNT EARNINGS. After each fiscal year quarter, the average daily balance in a participant's deferred retirement option account shall be credited at a rate of six and one -half percent (6.5 %) annual interest compounded monthly. The Board of Trustees along with the City shall review the stated rate of retum on an annual basis in order to determine the necessity of any adjustment for future "DROP" participants only. VIII. MAXIMUM PARTICIPATION. A participant may participate in the "DROP" for a maximum of sixty (60) r months. At the conclusion of the sixty (60) months, the participants' covered city employment must terminate pursuant to the resignation submitted by the participant as part of the "DROP" application. The participant may terminate "DROP" participation by advancing their resignation from covered city employment to _a date prior to that submitted by the participant as part of the "DROP" application. IX. PAYOUT. A. Upon the termination of a member's covered City employment (for any reason, whether by retirement, resignation, discharge or death), the retirement benefits payable to the participant, or the participant's beneficiary (if the participant selected an optional form of retirement benefit which provides for payments to the beneficiary) shall be paid to the member or beneficiary and shall no longer be deposited into the participant's "DROP" account. B. Within thirty (30) days after the end of any calendar quarter following the termination of a participant's employment, the balance in the participant's "DROP" account shall be payable at the participant's option: 1. In full in a single lump sum payment, all accrued "DROP" benefits, plus interest, less withholding taxes remitted to the Internal Revenue Services (IRS), paid to the "DROP" participant or surviving beneficiary, or; 2. As a direct rollover, all accrued "DROP" benefits, plus interest, paid directly from the "DROP" to the custodian of an eligible retirement plan as defined in Section 402(c)(8)(B), Internal Revenue Code 8 5 -8 -12 Adoption Agreement for the Retirement Plan & Trust for The Police Officers of the City of Clermont (IRC). If benefit is to be paid to a surviving beneficiary, the transfer shall be to an individual retirement account or annuity as described in Section 402(c)(9), IRC. 3. Partial lump sum — A portion of the accrued "DROP" benefits shall be paid to the participant or surviving beneficiary, less IRS tax, and the remaining "DROP" benefits shall be transferred directly to the custodian of an eligible retirement plan as defined in Section 402 (c)(8)(B), IRC. However, in the case of an eligible rollover distribution to the surviving beneficiary of a deceased participant, an eligible retirement plan is an individual retirement account or annuity as described in Section 402(c)(9), IRC. The "DROP" participant or surviving beneficiary shall specify the proportions. Regardless of the option selected by the participant, the Board of Trustees has the right to accelerate payments in .order to comply with Section 401 (A)(9) of the Internal Revenue Code and the right to defer payments to comply with Section 415 of the Internal Revenue Code. X. DEATH. If a "DROP" participant dies before their account balances are paid out in full, the participant's designated beneficiary shall have the same rights as the participant to elect and receive the payout options set forth in paragraph nine (IX) above. "DROP" payments to a beneficiary shall be in addition to any retirement benefits payable to the participant. Participants who are or have been "DROP" participants are not eligible for pre- retirement death or disability benefits. XI. FORMS. The forms and notices approved by the City shall be used in the administration of The "DROP" Plan. XII. AMENDMENT. The Board of Trustees, upon approval by the City Council, can amend the "DROP" at any time., Such amendments shall be consistent with the provisions covering deferred retirement option plans set forth in any applicable collective bargain ing agreement and shall be binding upon all future "DROP" participants and upon all "DROP" participants who have balances in their accounts. Such amendments may increase the expense, decrease the account earnings, or limit or restrict the payout options. / This Adoption Agreement may be used only in conjunction with the Basic Defined Benefit Plan Document. T his Adoption Agreement and the Basic Defined Benefit Plan Document shall together be known as the Retirement Plan and Trust for the Police Officers of the City of Clermont. The Adoption Agreement and the Basic Defined Benefit Plan Document are furnished for the consideration ,of the Employer and its legal and financial advisors. The Florida 9 5 -8 -12 Adoption Agreement for the Retirement Plan & Trust for The Police Officers of the City of Clermont Municipal Pension Trust Fund advises the sponsoring Employer to consult with its own attorney and financial advisors on the legal and tax implications of the Defined Benefit Plan and the Adoption Agreement. Nothing herein should be construed as constituting legal or tax advice. We understand that the Employer may amend any election in this Adoption Agreement by giving the Trustee written notification of such Amendment as adopted. The Employer hereby agrees to operate under the provisions of the Master Trust Agreement creating the Florida Municipal Pension Trust Fund, which is incorporated in full into this Agreement and attached hereto as Exhibit A to the Basic Defined Benefit Plan Document and the Adoption Agreement IN WITNESS WHEREOF, the Employer and Trustee hereby cause this Agreement to be executed on this 8 day of May 2012. EMPLOYER: City of Clermon By: Date: ' "-"[ , aO l off, Title: MAYOR 10 5 -8 -12