16-1004. Police Officers Retirement System Fund; administration; system funding; separate investment accounts.

427 words·~2 min read·/ne/chapter-16/16-1004

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Each city shall keep and maintain a Police Officers Retirement System Fund for the purpose of investing payroll deductions and city contributions to the retirement system. Any such fund shall:

(a)Be maintained separate and apart from all city money and funds;

(b)Be administered under the direction of the city and the retirement committee exclusively for the purposes of the retirement system and for the benefit of participating police officers and beneficiaries of such police officers;

(c)Be established as a trust under the laws of this state for all purposes of section 401(a) of the Internal Revenue Code;

(d)Accrue regular interest on any contributions transferred into the fund; and

(e)Be invested in the manner prescribed in section 16-1016 .

(2)(a) Each city shall establish a medium for funding of the retirement system, which may be a pension trust fund, custodial account, group annuity contract, or combination thereof, for the purpose of investing money for the retirement system in the manner prescribed by section 16-1016 and to provide the retirement, death, and disability benefits for police officers pursuant to the Cities of the First Class Police Officers Retirement Act.

(b)The trustee or custodian of any such trust fund may be a designated funding agent that is qualified to act as a fiduciary or custodian in this state, the city treasurer, a city officer authorized to administer funds of the city, or a combination thereof.

(3)(a) Upon direction of the city, there may be established separate investment accounts for each participating police officer for the purpose of allowing each police officer to direct the investment of all or a portion of such police officer's employee account or employer account subject to the requirements of section 16-1016 and any other rules or limitations that may be established by the city or the retirement committee.

(b)If separate investment accounts are established, each account shall be separately invested and reinvested, separately credited with all earnings and gains with respect to the investment of the assets of the investment account, and separately debited with the losses of the account.

(c)Each investment account shall be adjusted each year to reflect the appreciation or depreciation of the fair market value of the assets held in such account as determined by the retirement committee.

(d)The expenses incurred by the retirement system when a police officer directs the investment of all or a portion of such police officer's individual investment account shall be charged against the police officer's investment account and shall reduce the police officer's retirement value.