|
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.
|