§ 7-197. Administration.

(a)

Plan administrator. The plan shall be administered by the administrator as agent of the city.

(b)

Administrator's authority and powers.

(i)

The administrator shall have the authority and power to administer and construe the plan; determine questions of fact and law arising under the plan; direct disbursements by the trustees; and exercise the other powers specified herein.

(ii)

The administrator may adopt such rules for the conduct of its affairs as it deems appropriate.

(c)

Delegation of duties. The administrator may delegate such of his or its duties and may engage such experts and other persons as he or it deems appropriate in connection with administering the plan.

(d)

Compensation. If the administrator is an employee of the city, he shall not receive any compensation for his services as such. If the administrator is an individual or entity who or which is not an employee of the city, the administrator shall receive such compensation as is agreed upon between the administrator and the city.

(e)

Exercise of discretion. Any person with any discretionary power in the administration of the plan shall exercise such discretion in a nondiscriminatory manner and shall discharge his duties with respect to the plan in a manner consistent with the provisions of the plan.

(f)

Fiduciary liability. In administering the plan, if the administrator is an employee of the city, the administrator shall not be liable, nor shall any person to whom the administrator delegates any duty or power in connection with administering the plan be liable, except in the case of his own willful misconduct, for:

(i)

Any action or failure to act;

(ii)

The payment of any amount under the plan; or

(iii)

Any mistake of judgment made by the administrator or on behalf of the administrator.

If the administrator is an employee of the city, he shall not be personally liable under any contract, agreement, bond, or other instrument made or executed by him.

(g)

Indemnification by city. To the extent not compensated by insurance or otherwise, the city shall indemnify and hold harmless the administrator, if he is an employee of the city and each other employee of the city designated by the administrator to carry out any fiduciary responsibility with respect to the plan, from any and all claims, losses, damages, expenses (including counsel fees approved by the city) and liabilities (including any amount paid in settlement with the approval of the city), arising from any act or omission of such administrator or employees, except where the same is judicially determined to be due to willful misconduct. Anything herein to the contrary notwithstanding, no assets of the plan may be used for any such indemnification.

(h)

Plan participation by fiduciaries. No person who is a fiduciary with respect to the plan shall be precluded from becoming a participant upon satisfying the requirements for eligibility.

(Ord. No. 94-131, § 1, 6-7-94)