Warm Springs Tribal members retirement income security

WARM SPRINGS TRIBAL CODE

CHAPTER 520

WARM SPRINGS TRIBAL MEMBERS RETIREMENT INCOME SECURITY ORDINANCE

(ORDINANCE NO. 70)

Table of Contents

520.001 Tribal Council Policy and Enacting Provisions
520.010 Definitions
520.100 Minimum Plan Contents
520.110 Prohibited Plan Provisions
520.120 Transfer of Employees to Tribal Pension Plan
520.130 Nonapplication to Tribal Council Benefits Plan
520.140 Effective Date
520.150 Savings Provision

WARM SPRINGS TRIBAL CODE

CHAPTER 520

WARM SPRINGS TRIBAL MEMBERS RETIREMENT INCOME SECURITY ORDINANCE

(ORDINANCE NO. 70)

520.001 Tribal Council Policy and Enacting Provisions.

WHEREAS, it is the responsibility of the Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon to protect the health, security and general welfare of the members of the Confederated Tribes; and

WHEREAS, it is the policy of the Tribal Council to encourage and provide for the employment of tribal members in all tribal operations and tribal business enterprises, and to provide the flexibility to allow tribal members to transfer employment between and among all tribal operations and tribal business enterprises; and

WHEREAS, it is the policy of the Tribal Council to foster and encourage the retirement income security of tribal member employees; and

WHEREAS, the Tribal Council deems it appropriate that all tribal member employees of the Confederated Tribes who are covered by a retirement plan be the beneficiaries of consistent plan provisions and retirement income benefit provisions; therefore,

BE IT ORDAINED, by the Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon, pursuant to Article V, Section 1(1) of the tribal Constitution that there is hereby adopted the “Warm Springs Tribal Members Retirement Income Security Ordinance,” Ordinance No. 70, as follows.

520.10 Definitions. For the purposes of this ordinance, the following terms shall have the following meanings:

1. “Retirement plan” shall mean a plan adopted by or entered into on behalf of the Tribal Council of the Confederated Tribes or the governing body of a tribal business enterprise or their delegated representative whereby the Confederated Tribes or a tribal business enterprise makes contributions for or on behalf of a tribal member employee in order to provide a retirement income benefit for such tribal member employee.
2. “Tribal business enterprise” shall mean a business enterprise of the Confederated Tribes of the Warm Springs Reservation of Oregon organized under either the provisions of the Constitution and Bylaws of the Confederated Tribes of the Warm Springs Reservation of Oregon or the tribal Corporate Charter.
3. “Tribal member employee” means a duly enrolled member of the Confederated Tribes of the Warm Springs Reservation of Oregon who is employed by the Confederated Tribes or a tribal business enterprise.
4. “Tribal Plan shall mean the “Pension Plan for Employees of the Confederated Tribes of the Warm Springs Reservation of Oregon, Restatement Date: January 1, 1984,” approved by Tribal Council Resolution No. 7103 on February 18, 1986, together with any amendments thereto or any successor plan adopted by the Tribal Council.
5. “Tribal Council Plan” shall mean the “Tribal Council Benefits Plan” for the members and former members of the Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon adopted July 30, 1979, together with any amendments thereto or any successor plan adopted by the Tribal Council.

520.100 Minimum Plan Contents. No retirement plan of the Confederated Tribes or any tribal business enterprise shall provide for a retirement income benefit to a tribal member employee which is actuarially calculated to provide a retirement income benefit which is less than the actuarial equivalent of the retirement income benefit such tribal member employee would have received pursuant to the Tribal Plan if such tribal member employee had been an eligible employee under the Tribal Plan and had been employed for the same period of time, the same hours of work and at the same wage level.

520.110 Prohibited Plan Provisions. No retirement plan adopted by the Confederated Tribes or a tribal business enterprise shall contain provisions for loss or forfeiture of benefits, or nonvesting of benefits, or eligibility for inclusion within the plan by tribal member employees as a result of break in service or transfer to other tribal employment which are inconsistent with the provisions of the Tribal Plan.

520.120 Transfer of Employees to Tribal Pension Plan. In the event that a tribal member employee shall be transferred to the Tribal Plan from a retirement plan other than the Tribal Plan, the amount of contribution on behalf of such employee, together with earnings attributable to such contribution, shall be transferred from such other retirement plan to the Tribal Plan on behalf of such employee.

520.130 Nonapplication to Tribal Council Benefits Plan. Notwithstanding any other provisions of this ordinance, this ordinance shall not apply to the provisions of the Tribal Council Benefits Plan.

520.140 Effective Date. The effective date of this ordinance shall be December 2, 1987.

520.150 Savings Provision. In the event that any provision of this ordinance shall be found to be invalid or unenforceable, the other provisions of this ordinance shall be unaffected thereby and shall remain in full force and effect.