Sections:

• Article 1. Definitions
  • 4.38.101 Beneficiary.
  • 4.38.102 Committee.
  • 4.38.103 Compensation.
  • 4.38.104 Council.
  • 4.38.105 Effective date.
  • 4.38.106 Employee.
  • 4.38.107 Employer.
  • 4.38.108 Fiduciary.
  • 4.38.109 Fiscal year.
  • 4.38.110 Gender.
  • 4.38.111 Participant.
  • 4.38.112 Plan.
  • 4.38.112(A) PERS.
  • 4.38.113 Plan year.
  • 4.38.114 Service.
  • 4.38.115 Trust.
  • 4.38.116 Trust agreement.
  • 4.38.117 Trustee.
  • 4.38.118(A) Related plan.
  • 4.38.118(B) Highly compensated employee.
  • 4.38.118(C) Family member.
  • 4.38.118(D) Police employee.
• Article 2. Participation
  • 4.38.201 Participation date.
  • 4.38.202 Cessation of participation.
  • 4.38.203 Inactive participation.
• Article 3. Contributions
  • 4.38.301 Employer contributions.
  • 4.38.302 No reversion to employer.
  • 4.38.303 Contributions by participants.
  • 4.38.304 Return of employer contributions--Mistake of fact.
• Article 4. Accounts and Vesting
  • 4.38.401 Accounts of participants.
  • 4.38.402 Allocation of contributions.
  • 4.38.402(A) Limitation on allocations to participants.
  • 4.38.403 Valuation of the trust.
  • 4.38.404 Account balances.
  • 4.38.405 Vesting.
  • 4.38.406 Loans to participants.
  • 4.38.407 Plan-to-plan transfers.
  • 4.38.408 Participant directed investment.
• Article 5. Distribution of Benefits
  • 4.38.501 Retirement.
  • 4.38.502 Normal retirement date.
  • 4.38.503 Deferred retirement date.
  • 4.38.504 Early retirement date.
  • 4.38.505 Death.
  • 4.38.506 Designation of beneficiaries.
  • 4.38.507 Absence of valid designation of beneficiaries.
  • 4.38.508 Termination of employment.
• Article 6. Method and Time of Distribution
  • 4.38.601 Method of distribution.
  • 4.38.602 Time of distribution.
  • 4.38.603 Distribution of death benefits.
  • 4.38.604 Payment of small benefits.
  • 4.38.605 Rollover.
  • 4.38.606 Purchase of permissive service credit.
• Article 7. Administration of the Plan
  • 4.38.701 Investment plans committee.
  • 4.38.702 Organization of the committee.
  • 4.38.703 Powers of the committee.
  • 4.38.704 Procedure for review of denial of benefits.
  • 4.38.705 Facility of payment.
  • 4.38.706 Information to be given participants.
  • 4.38.707 Compensation and expenses of the committee.
• Article 8. Amendment and Termination
  • 4.38.801 General purpose.
  • 4.38.802 Amendment.
  • 4.38.803 Limitation upon the right to amend.
  • 4.38.804 Termination.
  • 4.38.805 Suspension.
  • 4.38.806 Procedure.
  • 4.38.807 Distribution upon events of termination.
• Article 9. Miscellaneous
  • 4.38.901 Trust for exclusive benefit of participants, former participants or their beneficiaries.
  • 4.38.902 Relationship between employer and employee is not changed by this plan and trust.
  • 4.38.903 Trust not guaranteed by employer.
  • 4.38.904 Rights not transferable.
  • 4.38.905 Rights and remedies limited.
  • 4.38.906 Unenforceable provisions.
  • 4.38.907 Failure to qualify.
  • 4.38.908 Construction of the plan.
  • 4.38.909 Plan and trust executed in counterparts.
  • 4.38.910 Special rules relating to Veteran’s reemployment rights.

The City of Berkeley does hereby adopt as of January 1, 2001 the following money purchase pension plan for the exclusive benefit of its employees who shall participate there in accordance with its terms. This plan amends and restates the provisions in the prior City of Berkeley Supplementary Retirement and Income Plan II. (Ord. 6748-NS § 1, 2003)