The plan administrator shall be the committee
or the individual appointed by the Council who shall have the power
and authority to do all acts to execute, acknowledge and deliver all
instruments necessary to implement and effectuate the purpose of this
plan. The plan administrator may delegate authority to act on its
behalf to any persons it deems appropriate. If a plan administrator
is not appointed, the Council shall be the plan administrator.
If the Council shall appoint a Police Pension
Committee to administer the affairs of the plan, the Council shall
delegate such authority as it shall deem appropriate to the Committee.
The Committee shall consist of not more than five members appointed
by the Council. Each member of the Committee shall serve in that capacity
until the earliest of resignation, death, removal or otherwise. Each
member may be removed at any time, with or without cause, by the Council.
Each member may resign by delivering written notice to the Council
and other members of the Committee.
A.
The plan administrator shall have full power and authority
to do whatever shall, in its judgment, be reasonably necessary for
the proper administration and operation of the plan. The interpretation
or construction placed upon any term or provision of the plan by the
plan administrator or any action of the plan administrator taken in
good faith shall, upon the Council's review and approval thereof,
be final and conclusive upon all parties hereto, whether employees,
participants or other persons concerned. By way of specification and
not limitation and except as specifically limited hereafter, the plan
administrator is authorized to:
(1)
Construe this plan.
(2)
Determine all questions affecting the eligibility
of any employee to participate herein.
(3)
Compute the amount and source of any benefit
payable hereunder to any participant or beneficiary.
(4)
Authorize any and all disbursements.
(5)
Prescribe any procedure to be followed by any
participant and/or other person in filing any application or election.
(6)
Prepare and distribute, in such manner as may
be required by law or as the plan administrator deems appropriate,
information explaining the plan.
(7)
Require from the employer or any participant
such information as shall be necessary for the proper administration
of the plan.
(8)
Appoint and retain any individual to assist
to the administration of the plan, including such legal, clerical,
accounting and actuarial services as may be required by any applicable
law or laws.
B.
The Plan administrator shall have no power to add
to, subtract from or modify the terms of the plan or change or add
to any benefits provided by the plan, or to waive or fail to apply
any requirements of eligibility for benefits under the plan. Further,
the plan administrator shall have no power to adopt, amend or terminate
the plan, to select or appoint any trustee or to determine or require
any contributions to the plan, said powers being exclusively reserved
to the Council.
If the Council appoints a Committee, it may
organize itself in any manner deemed appropriate to effectuate its
purposes hereunder, subject to the following:
A.
The Committee shall act by a majority of its members
at the time in office, and such action may be taken either by vote
at a meeting or in writing without a meeting.
B.
The Committee shall, from time to time, appoint a
Chairman, a Secretary who may, but need not, be a Committee member
and such other agents as it may deem advisable.
C.
The Committee may, from time to time, authorize any
one or more of its members to execute any document or documents including
any application, request, certificate, notice, consent, waiver or
direction and shall notify the Council, in writing, of the name or
names of the member or members so authorized. In the absence of a
designation, the Chairman shall be deemed to be so authorized. Any
trustee or other fiduciary appointed hereunder shall accept and be
fully protected in relying upon any document executed by the designated
member or members (or the Chairman in the absence of a designation)
as representing a valid action by the Committee until the Committee
shall file with such fiduciary a written revocation of such designation.
D.
The Committee or its delegate shall maintain and keep
such records as are necessary for the efficient operation of the plan
or as may be required by any applicable law, regulation or ruling
and shall provide for the preparation and filing of such forms or
reports as may be required to be filed with any governmental agency
or department and with the participants and/or other persons entitled
to benefits under the plan.
The plan administrator shall serve without compensation
for services unless otherwise agreed by the Council in writing. All
reasonable expenses incident to the functioning of the plan administrator,
including but not limited to fees of accountants, counsel, actuaries
and other specialists and other costs of administering the plan, may
be paid from the Pension Fund upon approval by the Council to the
extent permitted under applicable law and not otherwise paid by the
employer.
No member of the Council, the plan administrator,
the enrolled actuary nor any other person involved in the administration
of the plan shall be liable to any person on account of any act or
failure to act which is taken or omitted to be taken in good faith
in performing their respective duties under the terms of this plan.
To the extent permitted by law, the employer shall, and hereby does
agree to, indemnify and hold harmless the plan administrator and each
successor and each of any such individual's heirs, executors and administrators,
and the delegates and appointees (other than any person, bank, firm
or corporation which is independent of the employer and which renders
services to the plan for a fee) from any and all liability and expenses,
including counsel fees, reasonably incurred in any action, suit or
proceeding to which he/she is or may be made a party by reason of
being or having been a member, delegate or appointee of the plan administrator,
except in matters involving criminal liability, intentional or willful
misconduct. If the employer purchases insurance to cover claims of
a nature described above, then there shall be no right of indemnification
except to the extent of any deductible amount under the insurance
coverage or to the extent of the amount the claims exceed the insured
amount.
The plan administrator shall review and approve
or deny any application for retirement benefits within 30 days following
receipt thereof or within such longer time as may be necessary under
the circumstances. Any denial of an application for retirement benefits
shall be in writing and shall specify the reason for such denial.
Any person whose application for retirement
benefits is denied, who questions the amount of benefit paid, who
believes a benefit should have commenced which did not so commence
or who has some other claim arising under the plan ("claimant"), shall
first seek a resolution of such claim under the procedure hereinafter
set forth.
A.
Any claimant shall file a notice of the claim with
the plan administrator which shall fully describe the nature of the
claim. The plan administrator shall review the claim and make an initial
determination approving or denying the claim.
B.
If the claim is denied in whole or in part, the plan
administrator shall, within 90 days (or such other period as may be
established by applicable law) from the time the application is received,
mail notice of such denial to the claimant. Such ninety-day period
may be extended by the plan administrator if special circumstances
so require for up to 90 additional days by the plan administrator's
delivering notice of such extension to the claimant within the first
ninety-day period. Any notice hereunder shall be written in a manner
calculated to be understood by the claimant and, if a notice of denial,
shall set forth the specific plan provisions on which the denial is
based; an explanation for additional material or information, if any
necessary to perfect such claim and a statement of why such material
or information is necessary; and an explanation of the review procedure.
C.
Upon receipt of notice denying the claim, the claimant
shall have the right to request a full and fair review by the Council
of the initial determination. Such request for review must be made
by notice to the Council within 60 days of receipt of such notice
of denial. During such review, the claimant or a duly authorized representative
shall have the right to review any pertinent documents and to submit
any issues or comments in writing. The Council shall, within 60 days
after receipt of the notice requesting such review (or, in special
circumstances, such as where the Council in its sole discretion holds
a hearing, within 120 days of receipt of such notice), submit its
decision in writing to the person or persons whose claim has been
denied. The decision shall be final, conclusive and binding on all
parties, shall be written in a manner calculated to be understood
by the claimant and shall contain specific references to the pertinent
plan provisions on which the decision is based.
D.
Any notice of a claim questioning the amount of a
benefit in pay status shall be filed within 90 days following the
date of the first payment which would be adjusted if the claim is
granted unless the plan administrator allows a later filing for good
cause shown.
E.
A claimant who does not submit a notice of a claim
or a notice requesting a review of a denial of a claim within the
time limitations specified above shall be deemed to have waived such
claim or right to review.
