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1976_Ordinances
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1976_Ordinances
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14. <br />•of this article or any application thereof to any person; provided, however, that the <br />amount of benefits which at the time of any alteration, amendment or repeal shall have <br />accrued for the members or beneficiaries shall not be affected thereby, except as <br />otherwise provided under subsection (c) of this section. <br />(b) If the city council repeals the provisions of this article, the commission shall <br />continue to administer the plan in accordance with the provisions of this article for the <br />sole benefit of the then members, any beneficiaries then receiving retirement allowances <br />and any person, entitled to receive benefits in the future under one of the options <br />provided for in this article, who is designated by any of such members. <br />(c) In the event of repeal as provided in subsection (b) of this section, if the <br />plan is not to be replaced by another retirement program, the assets of the retirement fund <br />shall be allocated by the commission in an equitable manner to provide benefits for the <br />persons designated in subsection (b) of this section in accordance with the provisions of <br />this article, and in the following order: <br />(1) For the benefit of then beneficiaries and persons already <br />designated by former members who are then beneficiaries under one of <br />the options provided for in this article to the extent of the then <br />actuarial value of their retirement allowances. If any funds remain; <br />then, <br />• (2) For the benefit of members and persons, if any, designated <br />by the members under one of the options provided for in this article, <br />to the extent not provided under paragraph (1) above, of the then <br />actuarial value of their accrued retirement allowances, based on years <br />of creditable service, average final compensation and anticipated <br />social security benefits as of the date of repeal. The allocation under <br />the paragraph (2) shall be on the basis of the oldest ages first method. <br />In the event the assets at such date of repeal are insufficient to provide all of <br />the benefits of paragraph (1) above, then the city shall contribute to the assets from time <br />to time, as and when required, the amount necessary to make up such insufficiency. <br />(d) The allocation of assets of the retirement fund provided for in subsection (c) <br />of this section shall be carried out through the payment of the commission of the benefits <br />provided for in this section as they become due. Any funds remaining in the retirement <br />fund after all of the vested benefits provided by this section have been paid shall revert <br />to the city. <br />(e) Any allocation of assets made in accordance with the provisions of <br />subsection (c) of this section shall be final and binding on all persons entitled to benefits <br />under such provisions. <br />0 <br />
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