TMPA: Texas Municipal Police Association: TMPA Benefits

Adopting Associations may participate in the POLDF plan. The following provides excerpts from the plan on what constitutes an Adopting Association and what requirements must be met for participation in the POLDF plan.

Adopting Association or Association means a non-profit association of Peace Office rs and Public Safety Employees that is an employees' beneficiary association, as defined in ERISA, Section 3(4); satisfies TMPA Legal's criteria for adoption of, and continuing participation in, this Plan; has been approved by TMPA Legal, in its sole and absolute discretion, as an eligible Adopting Association; and has formally adopted this Plan.

Plan requirements for Participants and Adopting Associations:

• Any Peace Officer or Public Safety Employee who is a member in good standing of TMPA Legal or any Adopting Association shall be eligible to participate hereunder and shall become a Participant in this Plan as of the date on which all of the following requirements have been satisfied:

• The Plan Administrator has received a properly completed application to join the Plan on forms provided by the Plan Administrator;

• The applicant has made the required initial contribution to the Plan; and

• The Board of Trustees or the Plan Administrator, if the Board of Trustees so provides, has reviewed and approved the application.

• Method of Application

• Application - A Peace Office r or Public Safety Employee who is a member of TMPA Legal can make application to the Plan on forms provided by the Plan Administrator. A Peace Office r or Public Safety Employee who is not a member of TMPA Legal may only apply through his or her Adopting Association.

• List of Participants – Each Adopting Association shall attach a list to its application of each and every Peace Office r or Public Safety Employee on whose behalf application is made.

• Benefit Election --

• All TMPA members who participate in the Plan will be deemed to have elected Benefit Election I.

• Each Adopting Association's application shall indicate the Benefit Election, as described in Article V hereof, that the Adopting Association has chosen to offer to its members and the payment or other option that the Adopting Association has selected. Except as provided in Section 4.1(c)(iv), an Adopting Association shall be entitled to offer its members only one Benefit Election and select only one of the payment options set forth below.

• Reserve Peace Office rs may only be enrolled in Benefit Election IV set forth in Section 5.4 hereof. Adopting Associations with both Peace Office rs and Reserve Peace Office rs select any Benefit Election available, but must inform the Plan Administrator of the names of the Reserve Peace Office rs who are Participants in this Plan and must pay the contributions applicable to such Reserve Peace Office rs.

• Retired Office rs may only be enrolled in Benefit Election V, set forth in Section 5.5 hereof.

• An Adopting Association shall be allowed to change Benefit Elections and/or payment options for its members only once a year, absent compelling circumstances as determined by the Plan Administrator in its sole and absolute discretion. The procedure for changing a Benefit Election or payment option shall be as follows: the Adopting Association shall indicate its intent to change Benefit Elections or payment options on a "Benefit Election or Payment Option Change" form only during the third calendar quarter of each year, with the change to become effective the following November 1. Coverage for Events occurring before the effective date of a Benefit Election change shall be provided pursuant to the terms of the Benefit Election in place at the time of the Event. The Plan Administrator shall have sole and absolute discretionary power and authority to determine whether an Event covered by this Plan has occurred and to establish the date on which an Event shall have occurred.

• An Adopting Association may be permitted to make more than one Benefit Election, provided that, in the sole and absolute discretion of the Plan Administrator, compelling circumstances exist and the Adopting Association's application satisfies the fund's eligibility policies, all as determined by the Plan Administrator.

• Required Contributions

Participant contributions are based on the Benefit Election and any co-payment options chosen. Participants who are TMPA Legal members may elect any payment option offered herein. The Plan Administrator shall review the payment schedule and may from time to time adjust required payments.

• Amount – Adopting Associations have several options for the payment of contributions to the Plan. Each application to the Plan must clearly indicate the payment option chosen and can only be changed after a different payment method is approved in writing by the Plan Administrator. The contributions required in order to be entitled to benefits under the Plan are as follows:

• Monthly contributions – Adopting Associations may make monthly contributions on behalf of their members only if electronic drafting from the Adopting Association's bank account is available and authorized.

• Quarterly contributions – Adopting Associations may make quarterly contributions on behalf of their members based on a monthly rate established by the Board of Trustees.

• Semi-annual contributions – Adopting Associations may make semi-annual contributions on behalf of their members based on a monthly rate established by the Board of Trustees. Semi-annual contributions may only be allowed with the approval of the Board of Trustees.

• Co-payments – In addition, if an Adopting Association has selected a Benefit Election that provides for co-payments, each Participant who is a member of such Adopting Association shall pay such co-payments within the time limits set forth below.

• Payment of Contributions –

• Adopting Associations – Absent compelling circumstances and subject to such conditions as determined by the Plan Administrator, Plan contributions by Adopting Associations and their members shall be made in full on a monthly, quarterly, or semi-annual basis, as provided in an Adopting Association's application on or before the first day of the calendar month for which each payment applies and shall be deemed delinquent if not received on the first day of such calendar month. An Adopting Association may adopt this Plan at any time during a calendar year and pay a prorated contribution for the remaining period of the established payment cycle.

• TMPA Legal Members – Payment of contributions by Participants who are members of TMPA Legal may be made in a form that is approved in writing by the Plan Administrator.

• Termination of Participation – If a Participant terminates participation in the Plan, the Plan Administrator shall only refund contributions that have been previously made by or on behalf of the Participant for future months, not including the month that termination of participation was effected.

• Effect of Delinquency -- If payments are not made as required in this Section, benefits under this Plan for Participants on whose behalf such payments were due shall cease immediately, and a Participant shall not be entitled to benefits under this Plan until all amounts due with respect to such Participant are paid in full.

• Late Payments – Notwithstanding the provisions of the immediately preceding paragraph, if a delinquent payment is made within two (2) months of the payment due date, entitlement to benefits may be reinstated on the date of actual payment of all contributions and interest, if any, due, upon written approval of the Plan Administrator. If the Plan Administrator consents to reinstatement, reinstatement shall be effective retroactively to the original payment due date. Any late payments shall automatically be applied first to the periods of delinquency and then, if sufficient, to the current period. Any decision to provide retroactive reinstatement shall be in the Plan Administrator's sole and absolute discretion.

• Application after Termination – If Participant remains delinquent for more than two (2) months, the Participant shall be deemed to have terminated participation in this Plan and must reapply for membership. Membership benefits may not be reinstated retroactively to the original payment due date without written approval of the Plan Administrator. If retroactive reinstatement is not provided, the effective date of participation will be established upon satisfaction of the requirements of Section 4.1. Any decision to provide retroactive reinstatement shall be in the Plan Administrator's sole and absolute discretion.

• Payment of Co-payment – If co-payments are required of Participants, co-payments shall be due as follows:

• Payment of any required co-payment shall be made within thirty (30) days of the invoice date sent to the Participant by the Plan Administrator or Plan Attorney, as applicable.

• If a Participant fails to remit required co-payments to a Plan Attorney within sixty (60) days of the original invoice date for such co-payments, then notwithstanding any other provision of the Plan, all Plan benefits will cease as of such 60th day and will not resume until all co-payments are paid in full.