11-13 - Paris Firefighters Relief & Retirement Fund - Pension Bond - Freeze Fire Pension - Transfer Employees to TMRS

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is ten (10); and the City has not at any time maintained a defined contribution plan in which the Firefighter participated (for this purpose, mandatory Employee contributions under a defined benefit plan, individual medical accounts under Code §401(h), and accounts for post-retirement medical benefits established under Code §419A(d)(1) are not considered a separate defined contribution plan); or (ii) the retirement benefits are payable to a Firefighter whose period of service taken into account in determining the benefit under the Fund includes at least fifteen (15) years of service as a full- time employee of any fire department which is organized and operated by the City to provide firefighting services for any area within the jurisdiction of the City; or (iii) the benefits are payable as a pension, annuity or similar allowance from the Fund as the result of the Firefighter becoming disabled by reason of personal injuries or sickness; or (iv) the benefits are payable from the Fund to a beneficiary as a result of the death of the Firefighter. C. City. "City"" means, for purposes of this Section, the City that has adopted the Fund, and all Firefighters of a controlled group of corporations, as defined in Code §414(b), as modified by Code §415(h), all commonly controlled trades or businesses (as defined in Code §414(c), as modified, except in the case of a brother -sister group of trades or businesses under common control, by Code §415(h)), or affiliated service groups (as defined in Code §414(m)) of which the City is a part, and any other entity required to be aggregated with the City pursuant to Code §414(o). For the purposes of this Section, City also includes with respect to a Firefighter, a former employer of such Firefighter if the City maintains a plan that provides a benefit which the Firefighter accrued while performing services for the former employer. A former entity that antedates the City is a "Predecessor Employer" with respect to a Firefighter if, under the facts and circumstances, the City constitutes a continuation of all or a portion of the trade or business of the former entity. For this purpose, the formerly affiliated plan rules in Regulations §1.415(f) 1(b)(2) apply as if the City and "Predecessor Employer" constituted a single employer under the rules described in Regulations §1.415(a) 1(f)(1) and (2) immediately prior to the cessation of affiliation (and as if they constituted two, unrelated employers under the rules described in Regulations §1.415(a) 1(f)(1) and (2) immediately after the cessation of affiliation) and cessation of affiliation was the event that gives rise to the "Predecessor Employer" relationship, such as a transfer of benefits or plan sponsorship. d. Limitation Year. "Limitation Year" means the twelve (12) month period ending December 31st of each year. The "Limitation Year" may only be changed by a fund amendment. Furthermore, if the Fund is terminated effective as of a date other than the last day of the Fund's "Limitation Year", then the Fund is treated as if the Fund had been amended to change its "Limitation Year". e. Straight Life Annuity. "Straight Life Annuity" means an annuity payable in equal installments for the life of a Firefighter that terminates upon the Firefighter's death. 19