5.09.010 Definitions.

City Code Section

(Amended by Ordinances 179417, 182168, 183900, 185726, 186746 and 187574, effective February 10, 2016.) 

  1. As used in this Chapter, unless the context otherwise requires:
  2. A.  “Account” means the bookkeeping account or accounts maintained for each Participant reflecting the cumulative amount of the Participant's Deferred Compensation, including any income, gains or losses attributable to the investment of the Participant's Deferred Compensation, and further reflecting any distributions to the Participant or the Participant's Beneficiary and any fees or expense charged against such Participant's Deferred Compensation, which are maintained by the Participant’s Investment Providers.  Account also includes the Participant’s Roth Account, and appropriate rollover accounts under Sections 5.09.150 and 5.09.155 that must be segregated.
  3. B.  “Acknowledgement” means the document that highlights some of the terms of the Plan and contains the Participant’s acknowledgement and understanding of the terms of the Plan.
  4. C.  “Beneficiary” means the person(s) designated by the Participant to receive any benefits payable under the plan in the event of the Participant's death. The term Beneficiary may also include the Participant's estate.
  5. D.  “Beneficiary Designation” means a document specifying the Beneficiary/Beneficiaries who is/are to receive any part of the Participant's Account in the event of the Participant's death.
  6. E.  “Committee” means the Deferred Compensation Committee which makes recommendations for Council to approve regarding plan design, Service Providers, and consultative support on behalf of the Plan.
  7. F.  “Compensation” means the total annual remuneration for employment payable by the City that would be included in the Federal gross income of the Participant but for the Participant's election to participate in the Plan.
  8. G.  “Deferred Compensation” means the amount of Compensation otherwise payable to the Participant that the Participant and the City mutually agree shall be deferred in accordance with the provisions of the Plan.
  9. H.  “Employee” means an elected official of the City, or a full-time or part-time City Employee who is eligible for benefits offered by the City or a benefit eligible employee of the Portland Development Commission.  Independent contractors and leased employees are not eligible.
  10. I.  “lncludable Compensation” means the remuneration for service performed for the City which is currently includable in gross income (such amount will not include any amounts excluded from gross income pursuant to this Chapter).  Severance pay is excluded.  Pay for unused vacation, comp time, and holiday pay is included if deferred prior to a severance from employment and pursuant to this Chapter.
  11. J.  “Normal Retirement Age” means age 70-1/2 or that age selected in writing by a Participant in accordance with this Subsection.  A Participant’s Normal Retirement Age determines the period during which a Participant may defer those amounts described in Subsection 5.09.050 C.  Once a Participant has to any extent utilized the “catch up” provisions of Subsection 5.09.050 C., the Participant’s Normal Retirement Age may not be changed.  As an alternative to age 70-1/2, a Participant may, at any time prior to Severance from Employment or prior to utilization of the “catch up” provisions of Subsection 5.09.050 C., designate his or her Normal Retirement Age to be any of the following:
    1. 1.  Any age which is:
      1. a.  Not earlier than the earliest age at which the Participant has the right to retire and receive immediate and unreduced retirement benefits from the pension plan of which the Participant is a member (i.e., the Fire and Police Disability, Retirement and Death Benefit Plan for fire fighters and police officers who are members of that Plan and the Public Employee's Retirement System (PERS) for all other Participants); and
      2. b.  Not later than the date the Participant attains age 70-1/2.
  12. K.  “Participant” means any Employee who fulfills the eligibility and enrollment requirements of this Chapter.
  13. L.  “Participating Employer” means the Portland Development Commission (PDC), or any entity that has adopted the City of Portland Governmental 457(b) Plan, and is legally related to the City of Portland. For employees of a “Participating Employer”, wherever this Chapter references the “City” with respect to the employment relationship, services performed and compensation paid, the term “City” shall also mean the “Participating Employer”.
  14. M.  “Participation Agreement” means an agreement between the City and a Participant, on a form prescribed by the City, that provides for the deferral of Compensation due a Participant to a future date for service currently rendered by the Participant to the City.
  15. N.  “Plan” means the program established by this Chapter which has as its purposes the deferral of Compensation to Participants using pre and/or post tax deferrals.
  16. O.  "Plan Administrator" means the Bureau of Human Resources Director, or his or her designee, who prepares and provides documents, materials and support services required to administer the Plan on behalf of Participants.
  17. P.  “Plan Year” means a calendar year.
  18. Q.  “Records” means the materials and forms maintained in files for each Participant in the Deferred Compensation Plan.
  19. R.  “Roth Account” means the portion of the Participant Account established and maintained by the Administrator for each Participant with respect to his or her Roth Deferrals including any amounts transferred into the Plan.
  20. S.  “Roth Deferrals” means Deferred Compensation which is designated irrevocably as a Roth Deferral by the Participant at the time the deferral election is made, and which is included in the Participant’s taxable income at the time the Participant would have received such amount in Compensation.  All Roth Deferrals will be made in compliance with Internal Revenue Code Section 402A.
  21. T.  “Service Providers” means the financial institutions that have contracts with the City to provide investment services to Participants consistent with the terms of the Plan.
  22. U.  “Severance from Employment” means the severance of the Participant’s employment with the City.  A Participant shall be deemed to have severed his or her employment with the City when, in accordance with the established practices of the City, the employment relationship is considered to be terminated.
  23. V. 
    1. 1.   “Unforeseeable Emergency” means severe financial hardship to the Participant resulting from
      1. a.  a sudden and unexpected illness or accident of the Participant or of a dependent (as defined in IRC Section 152a) of the Participant, or a designated beneficiary,
      2. b.  loss of the Participant's property due to casualty, or
      3. c.  the need to pay for the funeral expenses of the participant's spouse or dependent (defined in IRC Section 152(a),) or
    2. d.  other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant.
    3. 2.  The circumstances that will constitute an Unforeseeable Emergency will depend upon the facts of each case, but, in any case, payment may not be made to the extent that such hardship is or may be relieved;
      1. a.  Through reimbursement or compensation by insurance or otherwise;
      2. b.  By liquidation of the Participant's assets to the extent the liquidation of such assets would not itself cause severe financial hardship; or
      3. c.  By cessation of deferrals under this Chapter.
    4. Examples of what are not considered to be unforeseeable emergencies include the need to send a Participant's child to college or the desire to purchase a home.
  24. W.  “Withdrawal Agreement” means an agreement between the City and a Participant on a form prescribed by the City that allows the Participant to elect and change the manner in which the value of the Participant’s Account is paid.

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