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HomeMy WebLinkAboutMO #2838MUNICIPAL ORDER NO. 2838 A MUNICIPAL ORDER APPROVING AND ADOPTING THE CITY OF PADUCAH SELF- INSURED RETIREE LIFE INSURANCE PLAN DOCUMENT, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH,KENTUCKY: SECTION 1. The City of Paducah, through Ordinance and other contractual obligations, provides retirees with the option of continuing their group life insurance. An employee participating in the group life insurance plan may continue coverage in the amount of $4,000, for which the retiree shall pay fifty percent (50%) of the total monthly premiums. In no event shall the City pay more than 50% of any such premium. SECTION 2. The City no longer has an insurance company to provide this life insurance policy, and is now moving this obligation to a self-insured plan document. Said plan document will provide the same benefits as mentioned in Section 1 hereinabove. (See Exhibit "A" attached hereto and made a part hereof.) SECTION 3. That the City of Paducah Self -Insured Retiree Life Insurance Plan Document shall become effective January 1, 2024. SECTION 4. This expenditure will be charged to Life Insurance Retirees Account 1000 3501 524280. SECTION 5. This order shall be in full force and;.(feet from and after the date of its adoption. D 7 George Bray, Mayor ATTP L, Lindsay Pari ,City Clerk Adopted by the Board of Commissioners, December 12, 2023 Recorded by Lindsay Parish, City Clerk, December 12, 2023 \mo\Self-Insured Retiree Life Insurance Plan Document CITY OF PADUCAH RETIREE DEATH BENEFIT PLAN Effective January 1, 2024 #234841597v3<ACTIVB> - City of Paducah Death Benefit Plan Document Ref D3LIA-WAKEC-Q7MEZ-V02GB' CITY OF PADUCAH RETIREE DEATH BENEFIT PLAN INTRODUCTION The City of Paducah, Kentucky (the "City") has heretofore provided death benefits on behalf of retired employees of the City through life insurance contracts. The City hereby establishes this Retiree Death Benefit Plan (the "Plan") to provide the death benefits described in this instrument. This Plan is intended to fulfill the City's obligations under City Ordinance 2009- 4-7530, Section 78-40, and as provided under the collective bargaining agreements between the City and the IAFF, dated March 14, 2023, and the City and the FOP, dated April 11, 2023. In providing this Plan, the City hereby modifies its retiree life insurance program by self-insuring such death benefits by the City. ARTICLE L BENEFITS 1.1 Death Benefit. A benefit of $4,000 will be paid to the beneficiary of an Eligible Retiree (defined below) upon the death of the Eligible Retiree. 1.2 Eligibility. An individual who has retired from employment with the City is eligible for benefits under this Plan as an "Eligible Retiree" if they qualify for retirement under the Kentucky Public Pensions Authority (KPPA), according to criteria set by the retirement plan they are enrolled in. The original hire date of an employee determines the retirement plan they are enrolled in and the qualifications for meeting retirement eligibility requirements under that plan. 1.3 Eligibility Termination. An Eligible Retiree will cease to be eligible for benefits under the Plan on the date that the Eligible Retiree begins active duty in the Armed Forces, National Guard or Reserves of any state or country (except for temporary active duty of 31 days or less), or (b) returns to employment with the City. Eligibility will cease if premiums for the Eligible Retiree are not paid by the due date set forth each year. 1.4 Beneficiary Designation. Death benefits under the Plan are payable to the beneficiary designated by the Eligible Retiree in writing and in accordance with the procedures for designation maintained by the City. An Eligible Retiree may change a beneficiary in writing under the procedures established by the City. If a beneficiary is not designated, or the designated beneficiary does not survive the Eligible Retiree, the beneficiary will be deemed to be the following, in respective order: (a) Surviving spouse of the Eligible Retiree; (b) If there is no surviving spouse, the surviving children of the Eligible Retiree (natural and adopted children) in equal shares; (c) If there is no surviving spouse and no surviving children, the surviving parents in equal shares; -_- Document ReED3LIA-WAKEC-07MEZ-V02GB` (d) If there is no surviving spouse, no surviving children, and no surviving parents, the death benefit will be paid to the estate of the Eligible Retiree. 1.5 Expenses. The City may in its discretion pay up to $2,000 to any person or entity that has incurred expenses related to the death and subsequent burial of the Eligible Retiree. This amount if paid will be deducted from the amount of the death benefits payable. ARTICLE II. ADMINISTRATION 2.1 In General. This Plan will be administered by the City (as the "Plan Administrator") or the office or committee established by the City to serve as the Plan Administrator. The authority of Plan Administrator shall include, but shall not be limited to, the following: (a) To establish such rules and regulations as it deems necessary or proper for the efficient administration of the Plan and for the payment of benefits thereunder. (b) To interpret the Plan, decide all questions concerning the eligibility of persons to participate in the Plan, make findings of facts and construe any ambiguous provision, correct any defect, supply any omission, or reconcile any inconsistency, in such manner and to such extent as the Plan Administrator in its discretion may determine; and any such action will be binding and conclusive upon all persons. (c) To appoint such agents, counsel, accountants, consultants, and other persons as may be required or desirable to assist in administering the Plan, including, without limitation, employees of the City. 2.2 Indemnification. The City shall indemnify and save harmless the City's officers, directors, employees, agents, heirs, executors and assigns, from and against any and all loss, damage, action, fee, cost, claim, liability, proceeding, or expense (including reasonable attorneys' fees) to which such indemnified parties may be subjected arising out of, resulting in whole or in part from, or otherwise related to any act, conduct, or inaction (except willful or reckless misconduct), in their official capacities in the administration of the Plan. ARTICLE III. CLAIM PROCEDURES 3.1 Claims Filing Procedure. Claims for benefits under this Plan shall be administered in accordance with the claims procedure described in this Article III. For purposes of this Article, a "Claim" is any request for a Plan benefit, made by a claimant or by a representative of a claimant that complies with the Plan Administrator's reasonable procedure for making benefit claims. The Plan Administrator may designate certain person(s) to administer the Plan (i.e., Claims Administrator) with the same rights and discretionary authority as the Plan Administrator. (a) When Claims Should Be Filed. Claims must be filed with the Plan Administrator within 90 days of an event that gives rise to a Claim under the Plan. Claims filed later than that date will be declined unless: Document Ref: D3LIA-WAKEC-Q7MEZ-V02GB (1) It is not reasonably possible to submit the Claim in that time; and (2) A Claim is submitted as soon as reasonably possible and within one year from the date incurred. This one-year period will not apply when the person is not legally capable of submitting the claim. The Plan Administrator may require an examination by a physician selected by and at the expense of the Plan Administrator. Unless prohibited by law, the Plan Administrator may also require an autopsy to process a Claim at the expense of the Plan Administrator. (b) Additional Information. The Plan Administrator will notify the Claimant with 15 days of receiving a Claim if additional information is needed to process the Claim. The Claimant will have no less than 30 days to provide such information. 3.2 Notice to Claimant of Adverse Determinations. The Claims Administrator shall provide written or electronic notification of any adverse benefit determination within 90 days of receiving a Claim, unless an extension is required to make a determination, which may be no longer than an additional 90 days. The notice will state, in a manner calculated to be understood by the claimant: (a) The specific reason or reasons for the adverse determination. (b) Reference to the specific Plan provisions on which the determination was based. (c) A description of any additional material or information necessary for the claimant to perfect the Claim and an explanation of why such material or information is necessary. (d) A description of the appeal procedures and time limits applicable to an appeal, including the right to request an appeal within 60 days and the right to bring a civil action following the appeal process. 3.3 Appeals. When a Claimant receives an adverse benefit determination, the Claimant has 60 days following receipt of the notification from the Plan Administrator in which to appeal the decision. The Plan Administrator will respond no later than 60 days following receipt of the request for an appeal, unless the Plan Administrator determines that an extension is required, in which case the Claimant will be notified in writing of the extension prior to the termination of the initial appeal period. In no event will the extension exceed 60 days from the end of the initial appeal period. The extension notice will indicate the special circumstances requiring the extension and the date by which the Plan Administrator expect to render the appeal decision. (a) The Claimant will be provided with the following when a decision is made on appeal: (1) information regarding the decision; and (2) information regarding other internal or external appeal or dispute resolution alternatives, including any required state mandated appeal rights. Document Ref: DKIA-WAKEC-WMEZ-V02GIB (b) The period of time within which an appeal decision is required to be made will begin at the time an appeal is filed, without regard to whether all the information necessary to make an appeal decision accompanies the filing. If a period of time is extended as described above due to the Claimant's failure to submit information necessary to decide a claim, the period for making the appeal decision shall be "tolled" or suspended from the date on which the extension notice is sent until the earlier of (1) the date on which the Plan Administrator receives the response; or (2) the date established by the Plan Administrator in the notice of extension for the furnishing of the requested information. ARTICLE IV. PLAN AMENDMENT OR TERMINATION 4.1 Amendment or Termination. The City may amend the Plan in order to add or delete any benefit, implement employee contributions or change the amount or percentage of any required employee contributions, or otherwise change the terms of the Plan at any time without prior notice to any person. The City further reserves the right to terminate the Plan at any time without the consent of or advance notice to any person. Any amendment or termination shall subject to and conform to the requirements of applicable law. 4.2 Procedure. Any amendment or termination of the Plan or of a Component Plan must be in a writing that is adopted by the City for the purposes stated in the writing. The effective date of the amendment or termination shall be the effective date stated in the writing or, if no effective date is indicated, the date that the writing is adopted by the City. The adoption of an amendment or termination must be approved by the applicable administrative procedures regulations that are applicable to the City with respect to the Plan. ARTICLE V. GENERAL PROVISIONS 5.1 Costs and Expenses. The costs and expenses of administration of the Plan shall be paid by the City. 5.2 Limitation of Rights. Neither the establishment of the Plan nor any amendment thereof, nor the payment of any benefits, will be construed as giving to any Participant or other person any legal or equitable right against the City except as provided herein. The .Plan will not be deemed to constitute a contract between the City and any Participant, or to provide any Participant or Employee with a right to continued employment. Nothing contained in this Plan shall be deemed to give any Participant or Employee the right to be retained in the service of the City or to interfere with the right of the City to discharge any Participant or Employee at any time regardless of the effect that such discharge shall have upon him as a Participant of this Plan. 5.3 Governine Law. The Plan and each Component Plan will be construed and enforced in accordance with the applicable ordinances of the City of Paducah and the laws and regulations of the State of Kentucky. 5.4 Lost Payee. Any amount due and payable to an Eligible Retiree or Beneficiary shall be forfeited if the Plan Administrator, after reasonable effort, is unable to locate the Eligible Document Ref: D3LIA WAKEC-Q7MEZ V02GB Retiree or Beneficiary to whom payment is due. The Plan Administrator shall prescribe uniform and nondiscriminatory rules for carrying out this provision. [Execution Page Follows] Document Rei,. D3LIA WAKEC-07MEZ VO2GI3 IN WITNESS WHEREOF, the City has adopted this instrument as the City of Paducah Retiree Death Benefit Plan, effective as of the date first written above. 6 Document Ref D3LIA-WAKEC-Q7MEZ-V02GB CITY OF PADUCAH, KENTUCKY Title: George Bray, Mayor Signature Certificate Reference number D3LIA-WAKEC-Q7MEZ VO2GB Signer - Timestamp Signature George Bray -- Email:gbray@paducahky.gov Sent: 13 Dec 202319:53 UTC Vi ewed 13 Dec 2023 19:5:52:08 UTC Signed: 13 Dec 2023 19:52:39 UTC Recipient Verification: IP address: 199.35.135.194 ✓Email verified 13 Dec 2023 19:52:08 UTC Location: Paducah, United States Documentcompletedby all parties on: 13 Dec 2023 19:52:39 UTG Page 1 of 1. Signed with PandaDoc PandaDoc Is a document workflow and certified eSignature solution trusted by 50,000+ companies worldwide: ❑� f