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11088• % ORDINANCE NO. 11,088 AN ORDINANCE AWARDING A CONTRACT TO THE MUTUAL LIFE INSURANCE COMPANY OF NEW YORK TO FURNISH A GROUP ANNUITY FOR THE GROUP RETIREMENT AND PENSION PLAN OF NON - UNIFORM EMPLOYEES OF THE CITY OF LITTLE ROCK, PURSUANT TO THE PLAN OF SAID CITY AS PROVIDED FOR BY RESOLUTION NO. 2551 ; DECLARING AN R EMERGENCY; AND P OTHER PURPOSES. WHEREAS, the City of Little Rock has, by Resolution No. z g51 , adopted a Group Retirement and Pension Plan for the non - uniform employees of said City; and WHEREAS, based on said Plan and specifications contained in an advertisement for bids to furnish a Group Annuity to carry out the provisions of said Plan, the Mutual Life Insurance Company of New York has offered the lowest and best bid to furnish said service; and WHEREAS, the City of Little Rock desires to award the contract for such Group Annuity to the Mutual Life Insurance Company of New York; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1, The Mutual Life Insurance Company of New York is hereby awarded a contract, which the Mayor and City Clerk are hereby authorized and directed to execute, to furnish, pursuant to provisions of Resolution No. 2551 of the City of Little Rock, a Group Annuity for the benefit of the non - uniform employees of said City, which contract shall be in words, form and figures as follows: boo -l� - — - - -- r • % ORDINANCE NO. 11,088 AN ORDINANCE AWARDING A CONTRACT TO THE MUTUAL LIFE INSURANCE COMPANY OF NEW YORK TO FURNISH A GROUP ANNUITY FOR THE GROUP RETIREMENT AND PENSION PLAN OF NON - UNIFORM EMPLOYEES OF THE CITY OF LITTLE ROCK, PURSUANT TO THE PLAN OF SAID CITY AS PROVIDED FOR BY RESOLUTION NO. 2551 ; DECLARING AN R EMERGENCY; AND P OTHER PURPOSES. WHEREAS, the City of Little Rock has, by Resolution No. z g51 , adopted a Group Retirement and Pension Plan for the non - uniform employees of said City; and WHEREAS, based on said Plan and specifications contained in an advertisement for bids to furnish a Group Annuity to carry out the provisions of said Plan, the Mutual Life Insurance Company of New York has offered the lowest and best bid to furnish said service; and WHEREAS, the City of Little Rock desires to award the contract for such Group Annuity to the Mutual Life Insurance Company of New York; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1, The Mutual Life Insurance Company of New York is hereby awarded a contract, which the Mayor and City Clerk are hereby authorized and directed to execute, to furnish, pursuant to provisions of Resolution No. 2551 of the City of Little Rock, a Group Annuity for the benefit of the non - uniform employees of said City, which contract shall be in words, form and figures as follows: boo -l� y -- 1 f � 16. 1s 1, SECTION 2. The City Manager and Director of Finance are hereby authorized to make such payments, as are provided for in Section 1 of this Ordinance, as from time to time the Board of Directors, by Budget appropriations, provide. SECTION 3. The immediate need for a retirement and pension plan for the non - uniform employees in the employ of the City of Little Rock creates a condition detrimental to the welfare of the City; now therefore, an emergency is hereby declared to exist and this ordinance being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage. PASSED: June 20, 1960 ATTEST: City Clerk APPROVED: f Zyo 4 .-- The utuAI F • f LIFE INSURANCE COMPANY E W I OR K HOME OFFICE —1740 BROADWAY, NEW YORK 19, N.Y. The City of Little Rock, Arkansas 0 State or Province of Delivery Contract Date C06tract No, Arkansas 7 -1 -60 1 -3645 (Signed at the Home Office In New York City., IL — MODULE CONTRACT (A Group Annuity Contract) THE MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, (here called Mutual Of New York) will pay the benefits provided herein, subj t rovisions on this and the following pages of this Contract. �T The provisions of this Contract 7461 \foi n the following order; Article 1. Definiti0 " 2, Benefits " 3• Annuin a ions, Purchase of Annuities is + • ends it 5. atIM of Participation if Te tion or Amendment of Contract " Ben ci ary Provisions General Provisions Contract y , months and anniversaries are reckoned from the Contract Date. This Contract is governed by the laws of the State or Province of Delivery. ROGER HULL, President Countersigned ROBERT R. STROUD, Secretary AC -22 MOD. � 4 a i � Article 1. DEFINITIONS I, ' Whenever the following Terms are used in this Contract, they shall have the meanings indicated below: Term Meaning "Age" Age at nearest birthday. "Deposit Account" A fund maintained by the Employer with Mutual Of New York for the sole benefit of Partici- pants and their beneficiaries under this Con- tract. The credits to the Account shall be (a) annuity considerations paid by the Em- ployer before their due dates or more than 31 days after their due dates and (b) any credits arising from the provisions of this Contract. The debits to the Account shall be those aris- ing from the provisions of this Contract. Mutual Of New York may allow a discount credit to the Account, at such rate as it may deter- mine from time to time, on amounts deposited in this Account and subsequently applied to- ward payment of annuity considerations. The President, a Vice - President or a Secretary "Executive Officer" of Mutual Of New York. "Normal Retirement Date" The Participant's retirement date as specified in the Plan. "Participant" An individual who is covered or receiving ben- efits under the Plan. "Period Certain" 5 years. "Plan" The Group Retirement Plan for Non Uniform Employees of the City of Little Rock dated July 1, 1960. Mutual Of New York shall not be deemed a party to such Plan, and reserves the right to disregard any amendment to the Plan or any successor Plan. -36+5 Article I Page 1 Article 2. BENEFITS Section A. Summary of Annuity Benefits (1) Normal Retirement Annuit The Normal Retirement Annuity is a monthly income to a Participant during his lifetime, commencing with his Normal Retirement Date and ending with the last payment due before his death. A garticipanVs Normal Retirement Annuity consists of (a) his Basic Retirement Annuity and (b) his Contributory Retirement Annuity. (2) Amounts of Normal Retirement Annuity Benefits_ The amounts of Normal Retirement Annuity Benefits for each Par- ticipant shall be determined as follows: (a) Basic Annuity Benefits The monthly amount of Basic Annuity shall be the sum of the amounts of monthly income purchased each year by Annuity charges for Basic Annuity Benefits as provided in Section A of Article 3. (b) Contributory Annuity11enefits The monthly amount of Contributory Annuity shall be the sum of the amounts of monthly income purchased each year by Annuity charges for Contributory Retirement Annuity as provided in Section A of Article 3- Section B. Payment of Normal Retirement Annuity Benefits (1) From Normal Retirement Date Each Participant shall be paid the Normal Retirement Annuity des- cribed above. If such a Participant dies during the Period Certain beginning on his Normal Retirement Date,, his monthly Retirement Income shall be paid to his beneficiary for the balance of such Period Certain. If such beneficiary dies while entitled to receive such Retirement Income-payments, the commuted value, at 3 % interest, compounded annually, of the Retirement Income for the balance of such Period Certain shall be paid in one sum to the estate of said benefic- iary. (2) Before Normal Retirement Date If a Participant dies on or before his Normal Retirement Date, a Death Refund shall be paid to his beneficiary. The amount of the Death Refund shall be equal to the sum of the Annuity Charges for his Contributory Annuity Benef its' with interest at the rate of 2 -1/2% a year, compounded annually, from the end of the -36+5 Article 2 REV Page 1 contract year in which each charge is received to his date of death. Section C. Optional Method of Payment of Annuity Benefits Instead of the benefits being paid as provided in Section B above, a Par- ticipant with Normal Retirement Annuity Benefits may elect to receive an alternative form of life income of equivalent actuarial value as may then be made available by Mutual Of New York. Such alternative forms of income shall include, but need not be restricted to (a) a contingent annuity option, (b) a social security adjustment option and (c) a life income with a 10 year period certain. Such an election shall be effective only if Mutual Of New York receives the Participant's written notice at its Home Office (a) within 90 days after the Contract Date, or (b) not-later than 3 years before his Normal Retirement Date, and if the re- quirements for the election of any such option are met. The amount of the income of the alternative form shall be calculated by Mutual Of New York at the end of the period allowed for such election. Section D. Relationship to Federal Social Security Benefits The benefits provided by this Contract are independent of, and in addition to, any benefits under the Federal Social Security Act. -3645 Article 2 REV Page 2 I i 11 I I contract year in which each charge is received to his date of death. Section C. Optional Method of Payment of Annuity Benefits Instead of the benefits being paid as provided in Section B above, a Par- ticipant with Normal Retirement Annuity Benefits may elect to receive an alternative form of life income of equivalent actuarial value as may then be made available by Mutual Of New York. Such alternative forms of income shall include, but need not be restricted to (a) a contingent annuity option, (b) a social security adjustment option and (c) a life income with a 10 year period certain. Such an election shall be effective only if Mutual Of New York receives the Participant's written notice at its Home Office (a) within 90 days after the Contract Date, or (b) not-later than 3 years before his Normal Retirement Date, and if the re- quirements for the election of any such option are met. The amount of the income of the alternative form shall be calculated by Mutual Of New York at the end of the period allowed for such election. Section D. Relationship to Federal Social Security Benefits The benefits provided by this Contract are independent of, and in addition to, any benefits under the Federal Social Security Act. -3645 Article 2 REV Page 2 Article 3. ANNUITY CONSIDERATIONS PURCHASE OF ANNUITIES AND RATE GUARANTEES Section A. Annuity Considerations and Grace Period Annuity Considerations for this Contract shall be the sum of (a) Annuity Charges for Basic Annuity Benefits; (b) Annuity Charges for Contributory Annuity Benefits; (-c) Case Administration Charges; and (d) such amount as may be determined by Mutual Of New York at the beginning of each contract year to cover any increases, subsequent to the Contract Date, in any amounts required of Mutual Of New York as assessments or taxes imposed by a governmental authority on account of the coverages provided by this Contract; such increases, if any, are to be paid by the Employer. All such annuity considerations are due on the Contract Date and on the correspond- ing day of each month thereafter. All annuity considerations may be paid to Mutual Of New York at its Home Office. If any such annuity consideration is not paid on or before its due date or during the 31 days thereafter, such annuity consideration shall be paid by being debited to the Deposit Account as of its due date. In the interest of economical administration, Mutual Of New York may use equitable group approximations in computing annuity considerations. (1) Annuity Charges for Basic Annuity Benefits The Annuity Charges for Basic Annuity Benefits shall be in such amounts as are to be paid on behalf of each Participant in accordance with the Plan. Such Annuity Charges shall be applied under Schedule A at the end of this Contract as of their due dates to purchase Normal Retirement Annuity with respect to each Participant for whom such charges are paid. (2) Annuity Charges for Contributory Annuity Benefits The Annuity Charges for Contributory Annuity Benefits shall be in such amounts as are contributed by each Participant in accordance with the Plan and shall be applied under Schedule B at the end of this Contract as of their due dates to purchase Normal Retirement Annuity with respect to each Participant for whom such charges are paid. (3) Case Administration Charges The amount of this annual charge shall be $700. However, if pay- ments made during the contract year under (1) and (2) above exceed $25,000, the Case Administration Charge shall be reduced by 2% of the excess over $25,000. There shall be no Case Administration Charge in any contract year in which the total of such payments for that year exceeds 60,000. During each contract year the Case Administration Charge shall be payable in equal monthly installments of the amount estimated by Mutual Of New York at the beginning of that year. At the end of each such year -36+5 Article 3 REV Page 1 there shall be an adjustment to reflect the actual incidence of payments. The Case Administration Charge shall not become a part of the Deposit. Account but, upon adjustment at the end of each contract year, any over- payment shall be credited and any underpayment debited to such account.. Section B. Rate Guarantees The Case Administration Charges described in subsection (3) of Section A of this Article are guaranteed for the first 5 contract years. The rates contained in the Schedules are guaranteed with respect to any annuity considerations which become due and are paid during the first 5 contract years, Interest rates with respect to all Annuity Benefits provided from annuity considerations paid during such 5 year period are also guaranteed. Except as specifically provided above, Mutual Of New York reserves the right to change the Case Administration Charge, the rates contained in the Schedules, and related interest rates from time to time after the 5th contract year upon 31 days advance written notice to the Employer, but not more ofter than once in any 12 -month period. Section C. Optional Methods of Payment of Annuity Considerations Annuity considerations may be paid quarterly, semi - annually or annually in ad- vance, instead of monthly. Annuity considerations other than monthly shall be apprgpriately calculated by Mutual Of New York.on the same basis as the monthly charges described in this Article. The frequency of annuity consideration payments may be changed from time to time by written notice from the Employer provided, however, that such change shall not become effective until the contract anniversary immediately fallowing receipt of such notice. Mutual Of New York may agree to accept payment of annuity considerations on a basis other than that described in this Contract. Under any alternative method of annuity consideration payments agreed to by Mutual Of New York and the Employer, the annuity considerations and annuity consideration components shall be as determined by Mutual Of New York. -3645 Article 3 Page 2 Article 4. ANNUAL DIVIDENDS The share, if any, of the divisible surplus accruing on this Contract shall be determined by Mutual Of New York and allotted as a dividend at the end of each contract year for which all premiums have been paid. Dividends shall be credited to the Deposit Account when allotted. Such dividends shall be apportioned in an equitable manner among Participants and applied as Annuity Charges under the provisions of Section A of Article 3 to provide increases in amounts of Normal Retirement Annuity. Note: No dividend should be anticipated at the end of the first contract year. _3645 Article 4 Page 1 A.i•ticle 5. T%RMINATION OF PARTIuIPATION Section A. Former Participant, All coverages and benefits provided under this Contract with reopoct to a Participant shall cease upon termination of his particitiation in the Plan ex- cept as specifically provided in this Article, and he shall i.,hen become a Former Participant. Section B. Termination Values (1) Former Participant's Paid -Up Normal Retirement Annuity A portion of the Former Participant's Normal Retirement Annuity shall be continued in force on his life, without further premium payments being required. The portion continued shall be designated his Former Participant's Share and shall consist of; (a) The Contributory Retirement Annuity Benefits which have been purchased on his behalf; plus (b) The portion, if any, determined in accordance with the Plan, of the Basic Retirement Annuity Benefits which have been purchased on his behalf. If the Former Participant's Share would provide an income of less than $5 a month, Mutual Of New York reserves the right to terminate all, paid -up Annuity Benefits on his life and immediately pay him an amount equal to the full reserve on his Former Participant's Share. (2) Employer's Credit to Deposit Account Any portion of the Basic Annuity Benefits which are not included in the Former Participant's Share shall terminate and the following amount, deter - minded from (a) or (b) below as appropriate, shall be credited to the Deposit Account, provided that, within 31 days of the date of termination of partici- pation, Mutual Of New York receives evidence, satisfactory to it, that the Former Participant is in good health at the time of such termination. (a) Termination Prior to Completion of 2 Years Participation If termination occurs before the Former Participant has been a Participant under this Contract for 5 full years,, the amount credited shall be; 100, of the Annuity Charges for Basic Annuity Benefits being terminated, accumulated with interest at the rate of 3%, com- pounded annually, from the end of the contract year in which the respective Charges were received to the date of termination less 4% of the Annuity Charges for Contributory Annuity Benefits accumulated at 2 -1/4 interest, compounded annually, from the end of the contract year in which they were received to the date of termination. -3645 Article 5 Page 1 RE7 (b) Termination on or after Completion of 5 Years Participation If termination of Participation occurs on or after the Former Participant has been a Participant under this Contract for 5 or more full years, the amount credited shall be: 100% of the Annuity Charges for Basic Annuity Benefits being terminated, accumulated with interest at the rate of 3%, com- pounded annually, from the end of the contract year in which the respective Charges were received to the date of termination. Any amount credited to the Deposit Account under this subsection (2) which is not re- quired to eliminate or reduce any negative balance in that Account shall be applied toward payment of the premium next due before any future payments received by Mutual Of New York are so applied. (3) Right to Early Retirement Income The Former Participant may elect, by written notice to Mutual Of New York during the 31 days following termination of-his participation, that all paid -up Normal Retirement Annuity in force on his life in accordance with Section B (1) above be im- mediately terminated and that a retirement income, reduced so as to be actuarially equivalent to the paid -up Normal Retirement Annuity terminated, shall begin on the first day of the month following the date of such termination of participation but not earlier than the first day of the month following receipt of notice of the election of this Option. Unless another method of payment of Retirement Income satisfactory to Mutual Of New York has been elected, such Early Retirement Income shall end with the last payment due before the Former Participant's death, and, if such Participant dies during the Period Certain following the date as of which such Income began, his monthly Retirement Income shall be paid to his beneficiary for the balance of such Period Cer- tain. If such beneficiary dies while entitled to receive such Retirement Income pay- ments, the commuted value, at 3—,'% interest, compounded annually, of the Retirement Income for the balance of such Period Certain shall be paid in one sum to the estate of said beneficiary. However, if another method of payment of Retirement Income has been elected, the Annuity Benefits otherwise payable shall be adjusted in conformity with the method elected. Such election shall take effect if Mutual Of New York receives the Former Participant's written notice at its Home Office during such 31 days, but only if the amount of the reduced income will be at least $10 a month. (4) Former Participant's Optional Cash Payment If the Former Participant has not exercised the Right to Early Retirement Income, he may, by written request to Mutual Of New York during the 31 days following termina- tion of his participation, elect to surrender his Former Participant's Share of Paid - up Normal Retirement Annuity and receive a Cash Payment therefor. The Cash Payment shall be an amount equal to the Annuity Charges paid for his Con- tributory Annuity Benefits, accumulated with interest at the rate of 2- 1/2%, compounded annually, from the end of the year in which the respective charges were received to the date of termination of participation. -36+5 Article 5 REV Page 2 The Cash Paynient EilialL he hi lieu of all other benefits available to him as a Former Part ic1pajit. Payment may be deferred by MiLual Of New York up to 6 months (or any shorter period required by Jaw) ai'brt Participation terminates. -36115 Article 5 Page 3 Article 6. TERMINATION OR AMENDMENT OF CONTRACT Section A. Termination of Contract This Contract may be terminated: (a) by written notice from the Employer to Mutual Of New York; or (b) by written notice from Mutual Of New York to the Employer where the Deposit Account remains negative for 31 days or more; or (c) by written notice from Mutual Of New York to the Employer where the number of living Participants who have not reached their re- spective Normal Retirement Dates is either (1) less than 125 or (2) less than 75% of the employees eligible for memberships Upon termination of this Contract, the participation of each Participant who has.not reached his Normal Retirement Date shall terminate and the provisions of Article 5 shall be effective, subject however to the following provisions of this Section. If the termination of this Contract is coincident with the termination of the Plan, an employee who becomes a Former Participant by virtue of such ter- mination shall, in determining benefits under Article 5 be deemed to have a Former Participant's Share of 100, and he shall be entitled to a paid -up Normal Retirement Annuity based on such Share. However, if he elects to take the Optional Cash Pay- ment as provided in Article 5, such Annuity shall be reduced to reflect the Cash Payment paid him and the provisions for additions to the Deposit Account shall not apply. Upon termination of this Contract before the 11th contract year, Mutual Of New York shall debit the Deposit Account with an amount not greater than that shown below for the contract year in which termination occurs: Contract Contract Year Amount Year Amount 1 $2,000 6 $10000 2 1,800 7 800 3 1,600 8 600 4 1,400 9 400 5 1,200 10 200 If, at the end of 31 days after termination of this Contract, a positive' balance remains in the Deposit Account, it shall be paid in cash to each Participant who is living at the date of termination, in an amount determined upon the basis of the proportion that the reserve for his Annuity Benefits bears to the total such reserves for all Participants living at the date of termination who have not reached their respective Normal Retirement Dates. If, at the end of 31 days after termination of this Contract, a negative balance remains at that time, and if the Employer does not immediately pay Mutual Of New York an amount equal to such balance, each such Former Participant's Basic -3645 Article 6 Page 1 Annuity Benefits shz:1.11 be approprititely reduced by Mutual. Of New York Aso as to eliminate as far as possible such negative balance. Section B. Amendment cif' Contract This Contract may be a.a,ended by Mutual Of New York as provided by its te)-ms or by agreement betwr:en Mutual_ Of New York and thi. Employer, but, subject to the rights of Mutual Of New York, no amendment shall be made by which any funds under this Contract can be used for, or diverted to, purposes other than for the exclu- sive benefit of the Participants covered by it and their beneficiaries. Unless the amendment is necessary to permit the Contract or the Plan to meet the requirements for Treasury approval under the Internal Revenue Code or under any subsequent revenue law or to meet the requests of any other governmental authority under any other applicable law or unless the consent of the Participant is obtained, the Contract, after amendment, shall provide each Participant with annuity values that are at least the equivalent of the values that would have been available to him immediately before the amendment if his Participation had then terminated. Section C. Rights of Participants and Beneficiaries No Participant, Former Participant,beneficiary or other person shall be deemed to have any right of consulation or approval of termination or amendment of this Contract. The rights of any such person entitled to benefits because of retirement or death occurring before the termination or amendment of the Contract shall not be impaired by any such termination or amendment. Section D. Limitation on Active Participants Mutual Of New York reserves the right at any time after the twenty -fifth contract anniversary to decline to accept new Participants. -36+5 Article 6 Page 2 I Article 7. BENEFICIARY PROVISIONS Section A. Change of Beneficiary Beneficiary changes may be made during the lifetime of a Participant,or Former Participant by written notice from him to Mutual Of New York through the Employer. Any change will take effect as of the date the notice was signed, upon acceptance and recording at Mutual Of New York's Home Office, subject to any pay- ment made by Mutual Of New York or action taken by it before receipt of the notice at the Home Office. Endorsement of such a change will not be necessary unless re- quired by Mutual Of New York. Section B. Payment to Beneficiary Payment to a beneficiary as provided in this Contract will be made in ac- cordance with the beneficiary designation effective at the time of payment. If no beneficiary designation is effective at the death of the Participant or Former Participant, or if no beneficiary is living at his death, payment will be made to the estate of the Participant or Former Participant. However, instead of making payment to his estate, Mutual Of New York may at its option make payment to any one or more of his following relatives: spouse, parent, child, brother or sister. Before making payment to the beneficiary, Mutual Of New York may require due proof of the death of the Participant or Former Participant. -36+5 Article 7 Page 1 Page 1 Section F. Change in Frequency of Inane Payments Where any income payment under this Contract would be less than $25, Mutual Of New York may at its option change the income to a less frequent basis. The amount of income will then be recomputed by Mutual Of New York on an equivalent actuarial basis. Section G. Purpose The purpose of this Contract is to provide benefits to the Participant employees and their beneficiaries. Subject to the rights of Mutual Of New York, no funds under this Contract shall ever be used for, or diverted to, purposes other than for their exclusive benefit. Section H. Actions of Employer Mutual Of New York shall not be bound by any of the provisions of the Plan or of any other instrument under which the Employer purports to act. Payments by Mutual Of New York in accordance with the terms of this Contract or in reliance on any action, notice or advice of the Employer shall fully discharge Mutual Of New York for the amount so paid. _3645 Article 8 Page 2 Schedule A Basic Retirement Annuity Purchase Rates i Participant's Age at Begin- Rate of monthly Basic Retirement Annuity ning of Contract Year in (described in Section A of Article 2) pur- which Annuity Charges are chased by Annuity Charges of $120.00 per Due. contract year payable in monthly install- ments of $10. -3645 Schedule A. Page 1. Males Females �5 $ 3.66 $ 2.89 26 3.54 2.79 27 3.42 2.71 28 3.31 2.62 29 3.21 2.53 30 3.10 2.45 31 3.00 2.37 32 2.91 2.30 33 2.81 2.22 34 2.72 2.15 35 2.63 2.08 36 2.55 2.01 37 2.46 1.95 38 2.38 1.89 39 2.30 1.82 4o 2.23 1.77 41 2.15 1.71 42 2.08 1.65 43 2.01 1.6o 44 1.94 1.54 45 1.87 1.49 46 1.81 1.44 47 1.75 1.4o 48 1.68 1.35 49 1.62 1.30 50 1.56 1.26 -3645 Schedule A. Page 1. Schedule, cont'd. Males Females 51 $.1.50 -: $1.21 52 1.45 1.17 53 1.39 1.13 54 1.34 1.09 55 1.28 1.05 56 1.23 1.01 57 1.18 •97 58 1.13 •93 59 1.08 60 1.03 .86 61 .98 .83 62 •94 •79 63 •89 .76 64 .85 •72 The above figures are applicable to Participants whose Normal Retire- ment Birthday is 65. Appropriate figures for other retirement birthdays or for ages not shown will be quoted by Mutual Of New York upon request. -3645 Schedule A. Page 2. Schedule B Contributory Retirement Annuity Purchase Rates Participant's Age at Begin- Rate of monthly Contributory Retirement An- ning of Contract Year in nuity (described in Section A of Article 2) which Annuity Charges purchased by Annuity Charges of $120.00 per are Due. contract year payable in monthly installments of $10. Males Females 25 $ 2,93 $ 2.51 26 2.84 2.43 �7 28 2.75 2.35 2.66 2.28 �9 2.58 2.21 30 2.50 2.14 31 2.42 2.07 32 2.34 2.01 33 2.27 1.94 34 2.20 1.88 35 2.13 1.82 36 2.o6 1.76 37 2.00 1.71 38 1.93 1.65 39 1.87 1.6o 4o 1.81 1.55 41 1.76 1.50 42 1.70 1.46 43 1.65 1.41 44 1.6o 1.37 45 1.55 1.32 46 1.50 1.28 47 1.45 1.24 48 1.40 1.20 49 1.36 1.16 50 1.32 1.13 _3645 Schedule B Page 1. The above figures are applicable to Participants whose Normal Retirement Birthday is 65. Appropriate figures for other retirement birthdays or for ages not shown will be quoted by Mutual Of New York upon request. -36+5 Schedule B. Page 2. Schedule, cont'd. Males Females 51 $ 1.28 $ 1.09 52 1.24 1.06 53 1.20 1.02 54 1.16 •99 55 1.12 .96 56 1.09 •93 57 1.05 .90 58 1.02 .87 59 •99 •85 60 .96 .82 61 -93 •79 62 .90 •77 63 •87 .74 64 .84 -72 The above figures are applicable to Participants whose Normal Retirement Birthday is 65. Appropriate figures for other retirement birthdays or for ages not shown will be quoted by Mutual Of New York upon request. -36+5 Schedule B. Page 2. Contract (Contd.) - Ord. #11,088 Rider No. 1 attached to and forming a part of Group Annuity Contract No. -36+5 issued by Mutual Of New York on July 1, 1960. This Rider is subject to all the provisions of the Group Annuity Contract which are not inconsistent with this Rider. PAST SERVICE RETIREMENT ANNUITY COVERAGE Article I. Extension of Deposit Accounts Section A. Special Debits and Credits to Deposit Account The Deposit account maintained by the Employer with Mutual Of New York shall, in addition to the debits and credits provided for elsewhere in this contract, be debited and credited the following special items: (1) Special Credits as follows: (a) Deposits made by the Employer as provided in Section B below. (b) Interest allotted under the provisions of Article III of this Rider. (2) Special withdrawals as follows: (a) Withdrawals to purchase Past Service Annuity benefits as provided in Section C. below. (b) Withdrawals to reimburse Mutual Of New York for any taxes which it is required to pay to any governmental body as a result of the deposit, investment, administrative, or other operation of this Rider. Mutual Of New York shall furnish from time to time a statement of the total credits and debits to the Account. Such statements shall be furnished upon the request of the Employer, but not more often than once in any month. Section B. Deposits The Employer shall make an initial Deposit of at least $1,000 into the Deposit Account on acceptance of this Rider and shall make further Deposits from time to time during each contract year. Except with the consent of Mutual Of New York, or as provided in the next paragraph, the Deposits made in any contract year shall not be less than 2% of the aggregate Annual Earnings of all Participants. The Annual Earnings of each Partic- ipant shall be his rate of compensation from the Employer, excluding overtime, commissions, bonuses, deductions for absences, and any other additions to or deductions from regular compensation. If at the end of any contract year prior to discontinuance of this Rider the amount of the Deposit Account shall be less than $1,000, a Deposit sufficient to increase the Deposit Account to $1,000 shall be payable to Mutual Of New York, and shall be due immediately upon written notice by Mutual Of New York. MOD R -2860 Article I. REV Page 1 Duo °/7 f) - z Any Deposit made pursuant to this Section B shall be considered to be Annuity Charges solely for the purposes of determining the Case Administration Charges. Section C. Withdrawals to Purchase Retirement Benefits When a Past Service Retirement Annuity is to be purchased for a Participant as provided in Article II of this Rider, the amount required under Table 1 of Article IV of this Rider to purchase such retirement benefit in full shall be withdrawn from the Deposit Account and applied to effect such purchase. If purchases are to be made for two or more Participants on the same date, withdrawals shall be made for them in the order of their dates of birth, the oldest first. Withdrawals shall be made under this section only to the extent that they do not reduce the balance in the Deposit Account below $1,000. -3645 Article I Page 2 Article II. PURCHASE AND PAYMENT OF PAST SERVICE RETIREMENT BENEFITS Section A. Purchase of Benefits The Employer shall notify Mutual Of New York in writing of the amounts of Past Service Retirement Annuity benefits to which each Participant is entitled on retirement, in accordance with the Plan. Such written notice shall be given at least 31 days before each Participant's Normal Retirement Date and shall provide such informa- tion as Mutual Of New York may reasonably require, including satisfactory evidence of the Participant's date of birth. If the Participant is living on his Normal Retirement Date, an immediate life annuity providing an income of the amount to which he is entitled in accordance with the Plan, as specified in the notice, shall be purchased on the Participant's life by a Withdrawal from the Deposit Account as provided in Article I. Section B. Payment of Benefits Each Participant for whom Past Service Retirement Annuity has been purchased shall be paid a monthly income during his lifetime. The income shall begin on the date the Past Service Retirement Annuity is purchased and shall end with the last payment due before his death. No benefit shall be payable by reason of his death. The Past Service Retirement Annuity payments shall be included with the Normal Retirement Annuity payments made to the Participant during his lifetime. Section C. Optional Method of Payments of Benefits Instead of the benefits being paid as provided in the preceding Section, a Participant may elect to receive an alternative form of life income in accordance with Section C of Article 2 of the Group Annuity Contract. Section D. Right to Audit Mutual Of New York shall have the right, at any reasonable time, to inspect all records of the Employer which have a bearing on the coverages available under this Contract in order to determine to its satisfaction that all retirement benefits provided for in the Plan are being purchased in accordance with this Contract. If it shall appear that such is not the case, Mutual Of New York shall have the right to require that all such retirement benefits which have not then been purchased be immediately purchased. Except for this purpose, Mutual Of New York shall have no right and no duty to inquire into the administration of the Plan. Article II _3645 Page 1 Article III. INTEREST CREDITS TO THE DEPOSIT ACCOUNT As of the last day of each Contract year during which this Rider is in force, Mutual Of New York shall credit interest on the Deposit Account at the rate determined by Mutual Of New York for such contract year. Such interest credit shall not be less than that guaranteed under Article IV of this Rider, nor less than that obtained by application of the rate declared by Mutual Of New York for the class of contracts to which this Contract belongs. In crediting interest to the Pension Deposit Fund, interest will start to be earned on each amount credited to the Fund on the date such credit is added to the fund, and interest on amounts withdrawn will cease on the date such With- drawals are made. -36+5 Article III Page 1 Article IV: Rates and Guarantees So long as the Deposit Account continues to qualify as "Pension Plan Re- serves" (as defined in I.R.C. Section 805(d)) under the Life Insurance Company Income Tax Act of 1959 or any successor provisions of the Internal Revenue Code to the same effect, Mutual Of New York guarantees that: A. Interest credits made to the Deposit Account shall be at least the following: 1. With respect to deposits and credits made during the first contract year, Mutual Of New York shall credit interest at the rate of 4 -1/2%, compounded annually, during the first 5 contract years, and thereafter at the rate of 3%, compounded annually. 2. With respect to deposits and credits made during the second, third, fourth or fifth contract years, Mutual Of New York shall credit interest as follows: (a) Prior to the end of the 5th contract year: At the rate of 4 -1/2%, compounded annually. However, Mutual Of New York may, upon 31 days written notice to the Employer, reduce the rate applicable to deposits and credits made more than 31 days after the date of notice. Such reduced rate shall in no event be less than 3 -1/2%, compounded annually. (b) Sixth and later contract years: 3%, compounded annually. 3. With respect to deposits and credits made during the sixth and subsequent contract years: At the rate of 310 compounded annually. However, Mutual Of New York reserves the right to change, from time to time, the rate applicable to such deposits and credits. Any such change shall become effective after 90 days written notice to the Employer. Any amount withdrawn from the Deposit Account shall be charged against the deposits and credits (with interest thereon) first becoming a part of such Fund (first in -- first out rule) . B. The, maximum Annuity Purchase Rates shall be: 1. The rates shown in Part A of Table I for retirement benefits purchased during the first 5 contract years. -3645 Article IV Page 1 -3645 2. The rates shown in Part B of Table I for retirement benefits purchased after the first ; contract years and until the total amount required for purchases after the 5th contract year first equals or exceeds the balance held in the Deposit Account at the end of the 5th contract year. The rates shown in Part B of Table I shall remain in effect thereafter. However, Mutual Of New York reserves the right to change, from time to time, the maximum :Annuity Purchase Rates effective thereafter. Any such change shall become ef- fective after 90 days written notice to the Employer. Article IV Page 2 TABLE I Annuity Purchase Rates for Immediate Life Annuit�r Participant's Age Amount Required to Purchase $10 Monthly Nearest Birthday on IaQnediate Life Annuity - First.Monthly Date of Purchase Payment Due on e of Purchase A. For annuities purchased B. For annuities purchased ..during the first 5 con - after the first 5 con- tract Xears tract years Males Females Males Females 55 $1851 $2070 $1900 $2132 56 1806 2027 1852 2086 57 1760 1984 1804 2041 58 1714 1941 1756 1994 59 1667 1896 17o6 1948 6o 1620 1851 1657 1900 61 1.572 1806 1606 1852 62 1523 1760 1556 1804 63 1474 1714 1505 1756 64 1425 1667 1453 1706 65 1375 1620 14o2 1657 66 1326 1572 1351 1606 67 1277 1523 1301 1556 68 1229 1474 1251 1505 69 1181. 1.4 25 1202 1453 70 1133 1375 1152 1402 71 lo86 1326 1103 1351 72 lo4o 12-77 1055 1301 73 993 1229 1007 1251 74 948 11.81 961 1202 75 903 1.133 916 1152 Annuity Purchase Rates not shown will be quoted by Mutual Of New York upon request. Article IV Page 3 Article V. ANNUAL DIVIDENDS Whenever a dividend is allotted to this Contract., Mutual Of New York shall determine the portion, if any, of such dividend which is attributable to this Rider. Such portion shall be credited to the Deposit Account when allotted, and not apportioned among Participants Article 4 of this Contract to the contrary ndtwithstanding. Article V _36+5 Page 1 Article VI. DISCONTINUANCE AND TERMINATION OF RIDER Section A. Discontinuance of Deposits after Effective Date of Discontinuance (1) Effective Date of Discontinuance An Effective Date of Discontinuance shall be established in the event this Contract is terminated. An Effective Date of Discontinuance may also be established= (a) By written notice from the Employer to Mutual Of New York; or (b) By written notice from Mutual Of New York to the Employer at any time after the first of the following occurs; (i) Any deposit required to increase the amount of the Deposit Account to $1,000 as provided in Section B of Article I of this Rider remains. unpaid for 31 days after it is due; or (ii) The Employer fails to supply Mutual Of New York with a Certification of Actuarial Soundness, requested by Mutual Of New York in accordance with Section A of Article VII of this Rider during the time provided for furnishing such statement; or (iii) Mutual Of New York shall determine that retirement benefit purchases are not being made in accordance with Article Hof this Rider; or (iv) No deposits have been made into the Deposit AccountGpursuant to Section B of Article I of this Rider for a period of 36 consecutive months;; or (v) The 25th anniversary of this Contract. Except where discontinuance occurs as a result of the Emplo er'a failure to make a required deposit as provided in item b (i� above, the Effective Date of Discontinuance shall be as specified in the written notice, but not earlier than 90 days from the date of notice. If discontinuance occurs as a result of the Employer's failure to make a required deposit as provided in item b (i) above, the Effective Date of Discontinuance shall be as specified in the written notice, but not earlier than 31 dayo from the date of notice. If more than one written notice has been given pursuant to this sub- section, the Effective Date of Discontinuance shall be the earliest determined in accordance with the immediately preceding paragraph; however, in no event shall the Effective Date of Discontinuance be later than the date of termination of this Contract. Article VI -3645 Page 1 i (2) Discontinuance of Deposits No further deposit into the Deposit Account pursuant to Section A of Article I of this Rider shall be payable after the "Effective Date. of Discontinuance, nor shall Mutual Of New York be required to accept any Deposit received by it after the Effective Date of Discontinuance. Acceptance of any such Deposit by Mutual Of New York after the Effec- tive Date of Discontinuance shall in no way obligate Mutual Of New York to accept further such deposits to the Deposit Account. Section B. Effect of Discontinuance The amount defined in the next paragraph will be apportioned among Partci- pants in accordance with the provisions of the Plan and applied to purchase deferred Past. Service Retirement Annuities on the lives of such Participants, notwithstanding the provisions of Article 6 of the Contract. The rates at which such purchases will be made shall be calculated on the same actuarial basis as the rates shown in Table A of the Contract. Rates will be quoted by Mutual Of New York on request. The amount to be applied to purchase deferred Past Service Retirement Annuities in accordance with the foregoing paragraph shall be the excess, if any, of the balance remaining in the Deposit Account on the Effective Date of Discontinuance over the sum of the following amounts determined as of the Effective Date of Discon- tinuance. (a) Any surrender charge which may be due pursuant to Article 6 of the Contract. (b) Any annuity considerations paid into the Deposit Account before their due dates, which are not yet due. (c) Any dividend, or portion there of, attributable to Normal Re- tirement Annuity Benefits, which has been credited but has not yet been debited to the Deposit Account. -36+5 Article VI Page 2. Article VII. GENERAL PROVISIONS Section A. Information to be Furnished by the Employer The Employer shall be responsible for providing Mutual Of New York, at least 31 days before each Participant's Normal Retirement Date, with the written notice described in Section A of Article II of this Rider. The Employer shall furnish such other facts and information as Mutual Of New York shall reasonably require for the administration of this Rider. Mutual Of New York shall be entitled to rely conclusively upon all information and facts furnished by the Employer. If a Certification of Actuarial Soundness is requested by Mutual Of New York,the Employer shall provide such Certification within 90 days of such request. Such a Certification must be made by an :Associate or Fellow of the Society of Actuaries in accordance with sound Actuarial assumptions and principles. It shall certify that the funding basis and methods adopted will provide a Deposit Account balance which should ordinarily be adequate to cover all withdrawals anticipated for the pur- pose of providing Past Service Retirement Benefits under the Plan, together with any other withdrawals anticipated under'Section A of Article I. Section B. Misstatements If it shall be determined to the satisfaction of Mutual Of New York that the age, sex, or any other fact affecting the coverage or the amount of benefits has been misstated with respect to any Participant on whose life a retirement benefit has been purchased, the Past Service Retirement Annuity Benefits payable under this Rider by Mutual Of New York at any time shall be such as the amount used to purchase the benefits would provide on the basis of the correct facts. However, if the misstate- ment is discovered while this Contract is in force and correct facts would result in decreasing the amount of the Participant's benefit, his benefits shall not be re- duced below those provided by the Plan if an equitable adjustment in the Deposit Account is mutually agreed upon. In the event of such a misstatement Mutual Of New York reserves the right to refuse to alter the due date of the first benefit payment with respect to any Participant's retirement benefit, in which case an equitable adjustment in the Deposit Account shall be made. Any overpayments by Mutual Of New York may be charged against, and any underpayments added to, any benefit payments made with respect to the Participant involved. Any overpayment which cannot be charged against the Participant's benefit payment shall be charged against the Deposit Account. Section C. Special Calculations Mutual Of New York will perform a calculation based upon a single set of assumptions necessary for performing such calculation of the aggregate liabilities for Past Service Retirement Benefits under the Plan upon request of the Employer but not more than three such calculations will be furnished in any one contract year. The Employer's request for such a calculation shall be accompanied by a list of all of the Participants entitled to such benefits and the requested set of assumptions. Such list shall show each Participant's date of birth and sex, and the Past Service Retire - ment Benefits to which the Participant will be entitled at his Normal Retirement Date. If this Rider shall be discontinued, any calculation furnished by Mutual Of New York after the effective date of discontinuance shall be limited to a state- ment of the reserves held for retirement benefits which have been purchased. -3645 Article VII REV Page 1 .. ♦ � .r t r , � � • f tb 1 Section D. Adequacy of the Deposit Account Whether or not it is requested to furnish a calculation of the liabilities under the Plan, Mutual Of New York shall not be liable for the adequacy of the Deposits made by the Employer to provide the Past Service annuity Benefits of the Plan. -3645 Article VII Page 2