Sections:

• Article 1. Definitions
  • 4.36.101 Beneficiary.
  • 4.36.102 Committee.
  • 4.36.103 Compensation.
  • 4.36.104 Council.
  • 4.36.105 Effective date.
  • 4.36.106 Employee.
  • 4.36.107 Employer.
  • 4.36.108 Fiduciary.
  • 4.36.109 Fiscal year.
  • 4.36.110 Gender.
  • 4.36.111 Participant.
  • 4.36.112 PERS.
  • 4.36.113 Plan.
  • 4.36.114 Plan year.
  • 4.36.115 Service.
  • 4.36.116 Trust.
  • 4.36.117 Trust agreement.
  • 4.36.118 Trustee.
• Article 2. Participation
  • 4.36.201 Participation date.
  • 4.36.202 Cessation of participation.
  • 4.36.203 Inactive participation.
• Article 3. Contributions
  • 4.36.301 Employer contribution.
  • 4.36.302 No reversion to employer.
  • 4.36.303 Contributions by participants.
  • 4.36.304 Return of employer contributions--Mistake of fact.
• Article 4. Accounts and Vesting
  • 4.36.401 Accounts of participants.
  • 4.36.402 Allocation of contributions.
  • 4.36.402(A) Limitation on allocations to participants.
  • 4.36.403 Valuation of the trust.
  • 4.36.404 Account balances.
  • 4.36.405 Vesting.
  • 4.36.406 Loans to participants.
  • 4.36.407 Plan-to-plan transfer.
  • 4.36.408 Participant directed investment.
• Article 5. Distribution of Benefits
  • 4.36.501 Retirement.
  • 4.36.502 Normal retirement date.
  • 4.36.503 Deferred retirement date.
  • 4.36.504 Early retirement date.
  • 4.36.505 Total disability or death.
  • 4.36.506 Designation of beneficiaries.
  • 4.36.507 Absence of valid designation of beneficiaries.
  • 4.36.508 Termination of employment.
• Article 6. Method and Time of Distribution
  • 4.36.601 Method of distribution.
  • 4.36.602 Time of distribution.
  • 4.36.603 Distribution of death benefits.
  • 4.36.604 Payment of small benefits.
  • 4.36.605 Rollover.
• Article 7. Disability Benefits
  • 4.36.701 Benefits for participants becoming disabled prior to July 22, 1988.
  • 4.36.702 Benefits for participants becoming disabled after July 21, 1988.
  • 4.36.703 Definition of total disability.
  • 4.36.704 Recovery of disabled participant.
  • 4.36.705 Funding of disability benefits.
• Article 8. Administration of the Plan
  • 4.36.801 Investment plans committee.
  • 4.36.802 Organization of the committee.
  • 4.36.803 Powers of the committee.
  • 4.36.804 Procedure for review of denial of benefits.
  • 4.36.805 Facility of payment.
  • 4.36.806 Information to be given participants.
  • 4.36.807 Compensation and expenses of the committee.
  • 4.36.808 Correction for overpayment of disability benefits.
• Article 9. Amendment and Termination
  • 4.36.901 General purpose.
  • 4.36.902 Amendment.
  • 4.36.903 Limitation upon the right to amend.
  • 4.36.904 Termination.
  • 4.36.905 Suspension.
  • 4.36.906 Procedure.
  • 4.36.907 Distribution upon event of termination.
  • 4.36.908 Merger--Transfer of assets.
• Article 10. Miscellaneous
  • 4.36.1001 Trust for exclusive benefit of participants, former participants or their beneficiaries.
  • 4.36.1002 Relationship between employer and employee is not changed by this plan and trust.
  • 4.36.1003 Trust not guaranteed by employer.
  • 4.36.1004 Rights not transferable.
  • 4.36.1005 Rights and remedies limited.
  • 4.36.1006 Unenforceable provisions.
  • 4.36.1007 Failure to qualify.
  • 4.36.1008 Construction of the plan.
  • 4.36.1009 Plan and trust executed in counterparts.
  • 4.36.1010 Special rules relating to Veteran’s reemployment rights.

The City of Berkeley does hereby adopt as of January 1, 2001 the following amended and restated money purchase pension plan for the exclusive benefit of its employees who shall participate therein in accordance with its terms. This plan amends and restates the provisions in the prior City of Berkeley Supplementary Retirement and Income Plan I. (Ord. 6747-NS § 1, 2003)