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1972-06-05
Charlottesville
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1972
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1972-06-05
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City Council
Meeting Date
6/5/1972
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Minutes
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5, PAYMENT OF DEFERRED COMPENSATION, AT SUCH TIME AS THE EMPLOYEE REACHES AGE 60~ <br />BECOMES PERMANENTLY DISABLED~ OR DIES'~ W~ICHEVER OCCURS FIRST~ HE~ OR HIS BENEFICIARY <br />IS ENTITLED TO RECEIVE PAYMENT OF THE BALANCE IN THE DEFERRED COHPENSATION ACCOUNT OUT- <br />STANDING ON THE DATE ON WHICH ONE OF THE FOREGOING OCCURS, PAYMENTS OCCASIONED BY THE <br />EMPLOYEE'S REACHING AGE 60 OR BECOMING PERMANENTLY DISABLED SHALL BE MADE IN ACCORDANCE <br />WITH THE PROVISIONS OF PARAGRAPH 6 HEREOF AS FOLLOWS: <br /> <br /> (A) PAYMENTS IN MONTHLY~ QUARTERLY~ SEMI-ANNUAL OR ANNUAL PAYMENTS <br /> OVER THE PERIOD OF LIFE EXPECTANCY OF THE EMPLOYEE IN ACCORDANCE <br /> WITH THE FOLLOWING PROCEDURE: <br /> <br /> UPON REACHING THE AGE OF 60 OR BECOMING PERMANENTLY <br /> DISABLED FROM PERMANENT FULL-TIME EMPLOYMENT~ WHICHEVER <br /> FIRST OCCURS~ THE EMPLOYEE'S LIFE EXPECTANCY SHALL BE <br /> DETERMINED BY REFERENCE TO STANDARD U. S. MORTALITY TABLES; <br /> THE AMOUNT OF ASSETS AND ACCUMULATIONS iN THE DEFERRED <br /> COMPENSATION ACCOUNT SHALL BE COMPUTED TOGETHER WITH A <br /> REASONABLE RATE OF RETURN ON SAID ASSETS~ LESS THE AMOUNT <br /> OF EXPECTED MONTHLY DISTRIBUTION~ OVER THE LIFE EXPECTANCY <br /> OF EMPLOYEE; A MONTHLY AMOUNT SHALL THEN BE MATHEMATICALLY <br /> DETERMINED~ THE PAYMENT OF WHICH~ IN EQUAL MONTHLY INSTALL- <br /> MENTS OVER THE PERIOD OF LIFE EXPECTANCY OF EMPLOYEE~ SHALL <br /> COMPLETELy DEPLETE THE SAID ACCOUNT AT THE END OF THE LAST <br /> YEAR OF SAID LIFE EXPECTANCY; OR <br /> <br />(B) PAYMENTS IN MONTHLY~ QUARTERLY~ SEMI-ANNUAL OR ANNUAL INSTALLMENTS <br />OVER A PERIOD NOT EXCEEDING TEN (10) YEARS~ SAID PAYMENTS TO iNCLUDE A <br />REASONABLE RETURN ON THE ASSETS AND ACCUMULATIONS IN THE DEFERRED <br />COMPENSATION ACCOUNT~ LESS THE AMOUNT OF EXPECTED MONTHLY~ QUARTERLY~ <br />SENI-ANNUAL~ OR ANNUAL DISTRIBUTION~ OVER SAID TEN (10) YEAR PERIOD; OR <br /> <br />(C) ONE LUMP-SUM PAYMENT. <br /> <br /> 6, SELECTION OF METHOD OF PAYMENT. THE METHOD OF PAYMENT SHALL BE SELECTED BY THE <br />EMPLOYER~ ACTING THROUGH THE RETIREMENT CORP. AS IT DULY AUTHORIZED AGENT~ DUE CONSID- <br />ERATION BEING GIVEN TO THE HEALTH~ FINANCIAL CIRCUMSTANCES~ AND FAMILY OBLIGATIONS OF <br />THE EMPLOYEE, tN THIS REGARD~ THE EMPLOYEE MAY BE CONSULTED; HOWEVER~ HE SHALL HAVE <br />NO VOICE iN THE DECISION REACHED. <br /> <br />7, PAYMENTS IN THE EVENT OF DEATH, <br /> <br />(A) DURING THE PERIOD OF DISTRIBUTION. IN THE EVENT Of THE EMPLOYEE'S <br />DEATH DURING THE PERIOD OF DISTRIBUTION~ THE EMPLOYEE'S BENEFICIARY <br />SHALL BE ENTITLED TO RECEIVE PAYMENTS IN ACCORDANCE WITH THE PAYMENT <br />METHOD BEING EMPLOYED AT THE TIME OF THE EMPLOYEEtS DEATH. WITH THE <br />CONSENT OF THE EMPLOYER~ ACTING THROUGH THE RETIREMENT CORP, AS ITS DULY <br />AUTHORIZED AGENT~ SAID BENEFICIARY MAY ELECT TO RECEIVE A LUMP-SUM <br />PAYMENT IN LiEU OF INSTALLMENT PAYMENTS, <br /> <br />(B) PRIOR TO DISTRIBUTION. IN THE EVENT OF THE DEATH OF THE EMPLOYEE PRIOR <br />TO DISTRIBUTION~ THE FUNDS AND ASSETS OF THE DEFERRED COMPENSATION ACCOUNT <br />SHALL BE PAID 1N ACCORDANCE WITH ONE OF THE METHODS DESCRIBED IN SUB- <br />PARAGRAPHS (A), (B),'OR (C) OF PARAGRAPH 5 HEREOF. THE SELECTION OF SAiD <br />METHOD SHALL BE MADE BY THE EMPLOYER ACTING THROUGH THE RETIREMENT CORP <br />AS ITS DULY AUTHORIZED AGENT. ' <br /> <br /> 8. PAYMENT DATES. PAYMENTS SHALL COMMENCE ON THE FIRST DAY OF THE MONTH FOLLOWING <br /> THE ATTAINMENT OF AGE 60~ PERMANENT DISABILITY7 OR DEATH; AND~ IN THE CASE OF INSTALLMENT <br /> PAYMENTS~ SHALL BE MADE CONTINUOUSLY THEREAFTER ON THE FIRST DAY OF EACH SUCCEEDING MONTH <br /> UNTIL SUCH TIME AS THE DEFERRED COMPENSATION ACCOUNT IS DEPLETED IN ITS ENTIRETY, <br /> <br /> 9, DISBURSING AGENT, THE RETIREMENT CORP. SHALL ACT AS AGENT OF THE ~MPLOYER FOR <br /> PURPOSES OF DISBURSING PAYMENTS, THE ULTIMATE OBLIGATION FOR MAKING SUCH PAYMENTS~ HOW- <br /> EVER~ SHALL REMAIN WiTH THE EMPLOYER ............. <br /> <br /> 10o ACCUMULATION DURING THE DISTRIBUTION PERIOD, ~UR[~NG THE PERIOD OF DISTRIBUTION~ <br /> THE EMPLOYEE OR HIS BENEFICIARY~ AS THE CASE MAY BE~ SHA~L CONTINUE TO BE CREDITED WITH <br /> ALL INTEREST ACCUMULATION AND INCREMENTS ON THE UNDISTRIBUTED FUNDS AND ASSETS IN THE <br /> DEFERRED COMPENSATION ACCOUNT~ UNTIL SUCH ACCOUNT IS DEPLETED IN ITS ENTIRE~Yo <br /> <br /> tl. TERMINATION OF EMPLOYMENT, UPON TERMINATION OF THE EMPLOYEE'S SERVICES~ FOR x~ <br />ANY REASON OTHER THAN DEATH~ THE FUNDS~ ASSETS~ AND ACCUMULATIONS IN THE DEFERRED COMPeN- <br />SATION ACCOUET SHALL NOT BE TRANSFERRED TO AN ACCOUNT WITH A NEW EMPLOYER OF THE EMPLOYEE, <br />~NSTEAD~ THEY SHALL REMAIN iN THE ORIGINAL ACCOUNT AS ~SSETS OF THE EMPLOYER UNTIL SUCH <br />TIME AS THEY ARE DISTRIBUTED IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT, <br /> <br /> 12. Loss/. S. THE ~MPLOYER SHALL NOT BE RESPONSIBLE FOR ANY LOSS DUE TO INVESTMENT OR <br />FAILURE OF INVESTMENT OF FUNDS AND ASSETS IN SAID DEFERRED COMPENSATION ACCOUNT NOR SHALL <br />THE EMPLOYER BE REQUIRED TO REPLACE ANY LOSS WHATSOEVER WHICH MAY RESULT FROM SAID <br />INVESTMENTS, <br /> <br /> 1~, NON-ASSIGNABILITY OF DEFERRED COMPENSATION. THE EMPLOYEE DURING HIS LIFETIME <br />SHALL NOT BE ENTITLED TO COMMUTE~ ENCUMBER~ SELL~ OR OTHERWISE DISPOSE OF HIS RIGHTS <br />TO RECEivE DEFERRED COMPENSATION PAYMENTS PROVIDED FOR HEREIN~ AND THE RIGHT THERETO <br />SHALL BE NON=ASSIGNABLE AND NON-TRANSFERABLE, IN THE EVENT OF ANY ATTEMPTED ASSIGNMENT <br />OR TRANSFER THEREOF~ THE EMPLOYER SHALL HAVE NO FURTHER LIABILITY UNDER THIS AGREEMENT, <br /> <br /> 14. PARTICIPATION IN OTHER EMPLOYEE-BENEFit PLANS. ;~OTH~NG'-HE'REIN.~ C;ONTA'tNED' 3HAL;L''IN <br />:AN'Y-'MANNER 'MODI'F:y~ ':iMPAiR7 OR AFFECT THE EXISTING OR FUTURE RIGHTS OR INTERESTS OF THE <br />EMPLOYEE (A) TO RECEIVE ANY EMPLOYEE-BENEFITS TO WHICH HE WOULD OTHERWISE BE ENTITLED~ OR <br />(B) AS A PARTICIPANT IN ANY FUTURE PENSION PLAN~ IT BEING UNDERSTOOD THAT THE RIGHTS AND <br />INTERESTS OF THE EMPLOYEE TO ANY EMPLOYEE-BENEFITS OR AS A PARTICIPANT OR BENEFICIARY <br />IN OR UNDER ANY OR ALL SUCH PLANS RESPECTIVELY SHALL CONTINUE IN FULL FORCE AND EFFECT <br />UNIMPAIRED~ AND THE ~MPLOYEE SHALL HAVE THE RIGHT AT ANY TiME HEREAFTER TO BECOME A <br />BENEFICIARY UNDER OR PURSUANT TO ANY AND ALL SUCH PLANS. <br /> <br />IN WITNESS WHEREOF~ THE AGREEMENT HAS BEEN DULY EXECUTED THE DAY AND YEAR FIRST <br /> <br /> <br />
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