§ 22-20. Amendments.

(a)

Adoption.

(1)

Amendment No. 1. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of city employees and thereby promote public efficiency, there is hereby authorized, approved and adopted, effective as of July 1, 1979, "Amendment No. 1 to the Employee Retirement System of Altus, Oklahoma," an executed counterpart of which is marked "Exhibit A" and attached to the ordinance from which this subsection is derived as a part thereof.

(2)

Amendment No. 2. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of city employees and thereby promote public efficiency, there is hereby authorized, approved and adopted, effective as of July 1, 1980, "Amendment No. 2 to the Employee Retirement System of Altus, Oklahoma," an executed counterpart of which is marked "Exhibit A" and attached to the ordinance from which this subsection is derived as a part thereof.

(3)

Amendment No. 3. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of city employees and thereby promote public efficiency, there is hereby authorized, approved and adopted, effective as of April 7, 1981, "Amendment No. 3 to the Employee Retirement System of Altus, Oklahoma," an executed counterpart of which is marked "Exhibit A" and attached to the ordinance from which this subsection is derived as a part thereof.

(4)

Amendment No. 4. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of city employees and thereby promote public efficiency, there is hereby authorized, approved and adopted, effective as of February 1, 1983, "Amendment No. 4 to the Employee Retirement System of Altus, Oklahoma," an executed counterpart of which is marked "Exhibit A" and attached to the ordinance from which this subsection is derived as a part thereof.

(5)

Amendment No. 83-1. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of its employees and to promote public efficiency and to comply with rulings of the United States Supreme Court regarding sexual discrimination, there is hereby authorized, approved and adopted, effective as of August 1, 1983, "Amendment No. 83-1 to Employee Retirement System of Altus, Oklahoma," an executed counterpart of which is marked Exhibit "A" and attached to the ordinance from which this subsection is derived as a part thereof.

(6)

Amendment No. 5. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of city employees and thereby promote public efficiency, there is hereby authorized, approved and adopted, effective as of July 1, 1989, "Amendment No. 5 to Employee Retirement System of Altus, Oklahoma," pertaining to required distribution at age seventy and one-half (70½), an executed counterpart of which is marked "Exhibit A" and attached to the ordinance from which this subsection is derived as a part thereof.

(7)

Amendment No. 6. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved and adopted, effective as of July 1, 1991, "Amendment No. 6 to Employee Retirement System of Altus, Oklahoma," pertaining to the upgrade from Plan Designation BB to Plan AA, an executed counterpart of which is marked "Exhibit A" and attached to the ordinance from which this subsection is derived as a part thereof.

(8)

Amendment No. 7. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved and adopted, effective as of July 1, 1992, " Amendment No. 7 to Employee Retirement System of Altus, Oklahoma," pertaining to the update of Plan Designation AA making numerous changes, including but not limited to, additional death benefits, an executed counterpart of which is marked "Exhibit A" and attached to the ordinance from which this subsection is derived as a part thereof.

(9)

Amendment No. 8. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved and adopted, effective as of January 1, 1993, Amendment No. 8, to Employee Retirement System of Altus, Oklahoma, pertaining to adding the Pick-Up Option to the Updated AA Plan to allow tax-deferred contributions, an executed counterpart of which is marked "Exhibit A" and attached to the ordinance from which this subsection is derived as a part thereof.

(10)

Amendment No. 9. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved and adopted, effective as of January 1, 1996, Amendment No. 9, to Employee Retirement System of Altus, Oklahoma, pertaining to limiting the lump sum payment of retirement benefits as provided in Section 7.2 of the Plan to employees that are employed prior to January 1, 1996, an executed counterpart of which is marked 'Exhibit A' and attached to the ordinance from which this subsection is derived as a part thereof.

(11)

Amendment No. 10. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved and adopted, effective as of December 1, 1996, Amendment No. 10, to Employee Retirement System of Altus, Oklahoma, pertaining to allowing anyone hired regardless of age to participate in the retirement fund, an executed counterpart of which is marked 'Exhibit A' and attached to the ordinance from which this subsection is derived as a part thereof.

(12)

Amendment No. 11. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized approved and adopted, effective as of July 1, 1997, Amendment No. 11 to Employee Retirement System of Altus, Oklahoma, pertaining to the enhancement of the employee retirement plan by the reduction of the employees contribution from 5.25 percent to 4.0 percent, the increase of the city's contribution from 2.9 percent to 5.82 percent, and the addition of a defined contribution plan with the city contributing 1.0 percent of the employees salary into this plan, an executed counterpart of which is marked Exhibit A and attached to the ordinance from which this subsection is derived as a part thereof.

(13)

Amendment No. 12. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved and adopted, effective as of December 1, 2000, Amendment No. 12, to [the] employee retirement system of Altus, Oklahoma, pertaining to the enhancement of the employee retirement plan by allowing employees of sixty-two (62) years of age and twenty-five (25) years of service to take an early retirement and to retire without penalty, except that the employee is not eligible for a lump sum payment; and further to approve that .49 percent of the budgeted 4.31 percent be contributed into the deferred compensation fund for employees, an executed counterpart of which is marked Exhibit A and attached to the ordinance from which this subsection is derived as a part thereof.

(14)

Amendment No. 13. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved, and adopted, effective as of July 1, 2001, Amendment No. 13 to [the] employee retirement system of Altus, Oklahoma, pertaining to the revision to update the city's master defined benefit plan joinder agreement with the Oklahoma Municipal Retirement Fund (OMRF) to include the latest Internal Revenue Service (IRS) definitions and more user-friendly IRS language, an executed counterpart of which is marked Exhibit A and attached to the ordinance from which this subsection is derived as a part thereof.

(15)

Amendment No. 15. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved, and adopted, effective as of March 18, 2003, Amendment No. 15 to [the] Employee Retirement System of Altus, Oklahoma, pertaining to the revision to the city's master defined benefit plan joinder agreement with the Oklahoma Municipal Retirement Fund (OMRF) providing for limitation on benefits, increase in compensation limits, rollover of plan distributions, and adoption of new mortality rates; an executed counterpart of which is marked exhibit A and attached hereto as a part hereof.

(16)

Amendment No. 15. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved, and adopted, effective as of March 1, 2002, Amendment No. 15 to [the] employee retirement system of Altus, Oklahoma, pertaining to the revision to the city's master defined benefit plan joinder agreement with the Oklahoma Municipal Retirement Fund (OMRF) to exclude the city administrator from participation in the city employees' retirement system, an executed counterpart of which is marked exhibit A and attached to the ordinance from which this subsection is derived as a part thereof.

(17)

Amendment No. 17. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved, and adopted, effective as of January 1, 2004, Amendment No. 17, to Employee Retirement System of Altus, Oklahoma, pertaining to allowing employees that choose the optional retirement package of 62 years of age with 25 years of service ("62/25 Option") to request either a lump sum or monthly retirement.

(18)

Amendment No. 18. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved, and adopted, effective as of January 31, 2006, Amendment No. 18, to Employee Retirement System of Altus, Oklahoma pertaining to a vested participant whose integral age is fifty-five (55) or more and their age in completed years plus the years of service in completed years total eighty (80) or more, may elect to retire and draw a monthly check and the early retirement reduction described in article V, paragraph 5.2 of the plan shall not apply. No lump-sum payments will be allowed for this special retirement option. The election must be made between February 1, 2006, and the employee's retirement date shall not be later than April 1, 2006.

(19)

Amendment No. 19. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved, and adopted, effective as of March 3, 2009, Amendment No. 19, to Employee Retirement System of Altus, Oklahoma pertaining to changes to comply with required IRS language and impacting the definition of "compensation" (as used in measuring benefit limits) when a participant has terminated employment.

(20)

Amendment No. 21. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved, and adopted, effective as of January 1, 2011, Amendment No. 21, to Employee Retirement System of Altus, Oklahoma pertaining to the adoption of a Revised and Restated Retirement Plan (Master Defined Benefit Plan) and new Joinder Agreement, making changes to comply with required IRS language and impacting the definition of "compensation".

(21)

Amendment No. 22. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved, and adopted, effective as of February 1, 2011, Amendment No. 22, to Employee Retirement System of Altus, Oklahoma pertaining to a vested participant whose integral age is fifty-five (55) as of April 1, 2011, or more, and their age plus the years of service rounded to two (2) decimals total eighty (80) or more years, may elect to retire and draw a monthly check and the early retirement reduction described in Article V, Paragraph 5.2 of the plan shall not apply. No lump sum payments will be allowed for this special retirement option. The election must be made prior to March 15, 2011 and the employee's retirement date shall not be later than April 15, 2011.

(22)

Amendment No. 23. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved, and adopted, effective as of January 1, 2012, Amendment No. 23, to Employee Retirement System of Altus, Oklahoma pertaining to removing the exclusion of the city administrator and to include the city administrator as an eligible employee, and a new joinder agreement.

(23)

Amendment No. 24. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved, and adopted, effective as of June 19, 2012, Amendment No. 24, to Employee Retirement System of Altus, Oklahoma pertaining to a vested participant whose integral age is fifty-five (55) as of June 20, 2012, or more, and their age plus the years of service rounded to two (2) decimals total eighty (80) or more years, may elect to retire and draw a monthly check and the early retirement reduction described in Article V, Paragraph 5.2 of the plan shall not apply. No lump sum payments will be allowed for this special retirement option. The election must be made prior to August 1, 2012 and the employee's retirement date shall not be later than September 1, 2012.

(24)

Amendment No. 25. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved, and adopted, effective as of July 1, 2014, Amendment No. 25, to Employee Retirement System of Altus, Oklahoma pertaining to the definition of employee to not include any person who is in the position of assistant city manager and is currently accruing benefits under another retirement system which has been approved by the city council with a joinder agreement attached as exhibit A to Ordinance No. 2014-08.

(25)

Amendment No. 26. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved, and adopted, effective as of June 26, 2013, Amendment No. 26, to employee retirement system of Altus, Oklahoma pertaining to adding a new definition of "spouse" in accordance with Revenue Ruling 2013-7 and IRS Notice 2014-19, for federal tax purposes to recognize marriage between same-sex individuals resulting from the United States vs. Windsor Supreme Court decision, a/k/a the Windsor Amendment, with all subsequent definitions in the master plan to be renumbered accordingly.

(26)

Amendment No. Twenty-Seven. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved, and adopted, effective as of November 1, 2015, Amendment No. 27, to Employee Retirement System of Altus, Oklahoma pertaining to the definition of "employee" to include an employee in the position of city manager hired on or after May 18, 2015 or in the position of assistant city manager hired on or after August 19, 2015, as approved in the passage of OMRF Ordinance No. 2015-25 likewise revising the definition of "employee" with a new joinder agreement between the city and OMRF, attached as exhibit "A" as passed and approved on November 17, 2015.

(27)

Amendment No. Twenty-Eight. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved, and adopted, effective as of September 1, 2016, Amendment No. 28, to Employee Retirement System of Altus, Oklahoma pertaining to the definition of "employee" to not include an employee who is in the position of city manager on or after July 18, 2016 or who is in the position of assistant city manager as of September 1, 2016, as approved in the passage of OMRF Ordinance No. 2016-17 likewise revising the definition of "employee" with a new joinder agreement between the city and OMRF, attached as exhibit "A" as passed and approved on August 2, 2016.

(28)

Amendment No. Twenty-Nine. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of the city employees and thereby promote public efficiency, there is hereby authorized, approved, and adopted, effective as of January 1, 2017, Amendment No. 29, to Employee Retirement System of Altus, Oklahoma pertaining to a special retirement option for a current employee of this employer who is a vested participant whose integral age would be at least fifty-five (55), or more, and their years of vesting service be at least ten (10) and either age (rounded to two decimals) plus years of credited service (rounded to two decimals) total seventy-nine (79) or more or age (rounded to two decimals) plus years of vesting service (rounded to two decimals) total seventy-nine (79) or more as of the January 1, 2017. January 1, 2017 is the measurement date. The eligible employees may elect to retire and draw a monthly check and the early retirement reduction described in Article V, Paragraph 5.2 of the plan shall not apply. Employees who meet the definition of normal retirement age shall receive two (2) additional years of benefit service credit in calculating plan benefits. No lump sum payments will be allowed for this special retirement option. The election must be made prior to February 29, 2017, and the employee's retirement date shall not be later than April 1. 2017. The special retirement option was approved in the passage of OMRF Ordinance No. 2017-01 on January 3, 2017.

(b)

Appropriations. The city is hereby authorized to appropriate annually such amounts as are required, in addition to employee contributions, to maintain its amended retirement system on a sound actuarial basis in accordance with the respective biannual actuarial valuation. Any appropriation so made to maintain the amended retirement system shall be for deferred wages or salaries and for the payment of necessary expenses of operation and administration, and shall be paid into the Oklahoma Municipal Retirement Fund when available, through the city treasurer, to be by him duly transferred to said fund.

(c)

Execution, etc. The mayor and the city clerk are each hereby authorized and directed to execute (in counterparts, each of which shall constitute an original) these amendments to the retirement system, and to do all other acts and things necessary, advisable and proper to put said amendment into full force and effect, and to make such change therein as may be necessary to qualify the same after Sections 401(a) and 501(a) of the Internal Revenue Code of the United States. The counterpart attached to the ordinance from which this section is derived as exhibit A, which has been duly executed as aforesaid simultaneously with the passage of such ordinance and made a part hereof, is hereby ratified and confirmed in all respects.

(d)

Effect. The repeal of any ordinance inconsistent with the terms and provisions of this section shall be only to the extent of such inconsistency and in all other respects such sections shall be cumulative of other ordinances regulating and governing the subject matter covered thereby.

(Ord. No. 1050, §§ 1—3, 5, 6-19-79; Ord. No. 1078, §§ 1—3, 5, 7-15-80; Ord. No. 1093, §§ 1—3, 5, 4-7-81; Ord. No. 1151, §§ 1—3, 5, 2-15-83; Ord. No. 1152, § 1, 2-15-83; Ord. No. 1172, § 1, 12-20-83; Ord. No. 89-12, § 1, 7-6-89; Ord. No. 91-23, § 1, 5-21-91; Ord. No. 92-25, § 1, 8-18-92; Ord. No. 92-37, § 1, 12-1-92; Ord. No. 95-20, § 1, 12-5-95; Ord. No. 96-09, § 1, 4-16-96; Ord. No. 96-28(1), § 1, 12-3-96; Ord. No. 97-17, § 1, 5-6-97; Ord. No. 2000-20, § 1, 12-5-00; Ord. No. 2001-07, § 1, 6-5-01; Ord. No. 2001-09, § 1, 6-5-01; Ord. No. 2002-01, § 1, 3-4-02; Ord. No. 2002-03, § 1, 3-4-02; Ord. No. 2002-05, § 1, 3-4-02; Ord. No. 2003-09, § 1, 3-18-03; Ord. No. 2003-10, § 1, 3-18-03; Ord. No. 2003-11, § 1, 3-18-03; Ord. No. 2003-21, § 1, 12-16-03; Ord. No. 2005-16, § 1, 10-4-05; Ord. No. 2009-05, § 1, 3-3-09; Ord. No. 2009-20, §§ 1(a), 1(b), 10-20-09; Ord. No. 2010-25, § 1, 12-7-10; Ord. No. 2011-07, § 1, 2-25-11; Ord. No. 2012-02, § 1, 1-25-12; Ord. No. 2012-13, § 1, 6-19-12; Ord. No. 2014-09, § 1, 7-1-14; Ord. No. 2014-23, § 1, 11-18-14; Ord. No. 2015-26, § 1, 11-17-15; Ord. No. 2016-18, § 1, 8-2-16; Ord. No. 2017-02, § 1, 1-17-17)