§ 35.108. AMENDMENT OF PLAN.

(A)

The plan may be amended by the City from time to time in any respect whatever, by ordinance by the Commission specifying the amendment, subject only to the following limitations:

(1)

Under no condition shall the amendment result in or permit the return or repayment to the City of any property held or acquired by the plan, or the proceeds thereof, or result in or permit the distribution of any property for the benefit of anyone other than the participants and their beneficiaries or joint pensioners, except to the extent provided by Sections 35.096 and 35.109 of this subchapter with respect to expenses of administration and termination of the plan, respectively.

(2)

Under no condition shall the amendment change the duties or responsibilities of the Committee unless the Committee is given advance notice of and an opportunity to comment on the change.

(B)

Subject to the foregoing limitations, any amendment may be made retroactively which, in the judgment of the Commission, is necessary or advisable provided that the retroactive amendment does not deprive a participant of the right to receive plan benefits to which the participant is otherwise entitled, except for amendments that are necessary to comply with any laws or regulations of the United States or the State of Florida, or to qualify the plan as a tax-exempt plan and trust.

(Code 1980, § 18-97; Am. Ord. No. 78-93, passed 12/7/93; Ord. No. 45-17 , § 13, passed 12/5/17)