§ 5.18.250. Authority.  


Latest version.
  • A.

    In addition to responsibilities and powers set out elsewhere in the Plan, the Administrative Committee shall have the following powers, which may be delegated to one or more Agents or the County:

    1.

    The Administrative Committee shall have sole and exclusive authority to interpret where necessary the provisions of the Plan and determine the rights and benefits of Participants and other persons under the Plan. Such authority and power shall include the following: (i) resolving all questions relating to the eligibility of Employees to become Participants; (ii) determining eligibility for and the amount of benefits payable to Participants or their Beneficiaries, and determining the time and manner in which such benefits are to be paid in accordance with the terms of the Plan; (iii) authorizing and directing all disbursements by the Trustee from the Trust Fund; (iv) construing and interpreting the Plan and the Trust Agreement and adopting rules for administration of the Plan and the Trust Agreement which are not inconsistent with the terms of such documents; and (v) resolving all questions of fact with respect to any matter arising in connection with the administration of the Plan.

    2.

    The Administrative Committee will establish rules and procedures to be followed by Participants and Beneficiaries in filing applications for benefits, in furnishing and verifying proofs that are satisfactory to the Administrative Committee for the determination of age, marital status, termination of service, Beneficiary designation, and in any other matters required to administer the Plan.

    3.

    The Administrative Committee may modify any notice period required by the Plan or designate any County officer to serve as the recipient of any form or notice that has to be filed under the Plan.

    4.

    The Administrative Committee shall instruct the Trustee as to the benefits to be paid hereunder and shall furnish the Trustee with any further information reasonably required by it for the purpose of distributing such benefits and making investments in or withdrawals from one or more of the Investment Funds.

    5.

    The Administrative Committee may contract with one or more Investment Managers, or enter one or more investment arrangements, with respect to the Investment Funds.

    6.

    Subject to the County's reserved authority to contract with the Trustee and the TPA on behalf of the Plan as provided in Subsection C below, the Administrative Committee shall also have the authority to contract with one or more private firms for services related to the Plan, consistent with Section 44.7 of the Los Angeles County Charter, Part 3 of Chapter 2.104 of this Code, State and County contracting policies and Chapter 7 of Title 9 of the California Government Code (Section 87000, et seq.). To the extent provided in the TPA contract, the Administrative Committee or its designee(s) may authorize extensions of time to the term of the contract to be implemented through an amendment executed by the Administrative Committee Chair.

    7.

    Subject to the provisions of Section 5.18.260 and Section 5.18.320, all decisions of the Administrative Committee as to the facts of any case and the application thereof to any case, as to the interpretation of any provision of the Plan or its application to any case, and as to any other interpretive matter or other determination or question related to the Plan or its administration shall be final and conclusive, to the extent permitted by law, as to all interested persons for all purposes of the Plan.

    B.

    The Administrative Committee may assign additional duties and responsibilities to its members, and, with the exception of those duties expressly reserved to the County, may from time to time reassign any of the duties and responsibilities set forth in this Section as it deems appropriate.

    C.

    The County, as Plan sponsor, shall be responsible for contracting with the Trustee(s) and theTPA. Any additions or changes to the terms of the TPA contract may be implemented through a contract amendment executed by the CEO (provided that extensions to the term of the contract may, to the extent permitted by the contract, be authorized by the Administrative Committee or its designee(s) and implemented through an amendment executed by the Administrative Committee Chair).

    D.

    The County Treasurer is responsible for recommending to the Administrative Committee contracts for the guaranteed investment contracts or bank deposit funds that comprise the fixed income Investment Funds, and for administering all investment contracts.

    E.

    The CAO shall be responsible for recommendations to the Board on all matters involving the appointment or removal of the Trustee, the County budget, employee relations and County policy relating to the Plan. The CAO also shall be responsible for recommendations to the Administrative Committee concerning Plan operations and for the conduct of certain business operations on the Administrative Committee's behalf, including the review of Plan expenses to determine that they do not exceed approved limits, the purchase of fiduciary liability insurance, the administration of the Trust Agreement, TPA contracts and any communication regarding Plan provisions or services contracts regarding the same.

    F.

    The Director of Personnel for the County shall be responsible for all Participant contact and services associated with the Plan.

    G.

    The County Counsel shall provide, or contract for, all legal advice or representation required by the Administrative Committee and/or the County and its officers and employees in connection with their administration of the Plan.

    H.

    The County Auditor-Controller shall be responsible for recommending a Plan auditor, administering auditor contracts, writing the specifications for Plan audits, supervising Plan audits, processing of payroll deferrals and County contributions, maintaining appropriate County accounting records, transferring of funds and account allocation information to the TPA, Trustees or Investment Managers, and periodic reviews of the financial integrity of the Plan.

    I.

    Each of the above County officers may discharge any duty required by this Section through any designated deputy or assistant or contractor.

    J.

    The Trustee has only those duties set forth in the Trust Agreement. The Trust Agreement is hereby incorporated in the Plan by reference.

    K.

    The County expressly reserves to itself the duties set forth in subsection C, the first sentence of subsection E and subsections G and H of this Section.

(Ord. 2014-0017 § 3, 2014; Ord. 2004-0063 § 1 (part), 2004.)