Common use of City Initiation of Retirement-Related Litigation Clause in Contracts

City Initiation of Retirement-Related Litigation. a. It has been, and continues to be, the position of the City that the above described DROP and service credit purchase provisions are not vested benefits and are therefore subject to modification without compliance with the strict rules governing modification of vested retirement benefits. Local 145 disagrees. Therefore, the Parties acknowledge that during the term of this agreement, City shall initiate a declaratory relief and/or other civil causes of action as in City’s the sole determination are deemed appropriate by which to secure a determination as to any or all of the following issues: 1. Are the above- described Deferred Retirement Option Plan (DROP) and/or any and all MOU/Code provisions allowing for the purchase of service credit for retirement benefit calculation purposes, “vested” benefits. 2. Can the purchased service credits be utilized to determine vesting into the Retirement System. 3. Are benefits subject to modification pursuant to any and all provisions of the Charter or other applicable rules and regulations. 4. And/or what, if any, conditions precedent exist to the implementation of City-initiated steps by which to modify and/or eliminate DROP and/or service credits. b. Although Local 145 reserves its rights to plead any and all substantive defenses which it deems appropriate as to such future litigation, Local 145 shall not take a position to the effect that initiation of such future litigation is barred.

City Initiation of Retirement-Related Litigation. a. It has been, and continues to be, the position of the City Mayor that the above described DROP and service credit purchase provisions are not vested benefits and are therefore subject to modification without compliance with the strict rules governing modification of vested retirement benefits. Local 145 disagrees. Therefore, the Parties acknowledge that during the term of this agreement, City shall initiate a declaratory relief and/or other civil causes of action as in City’s the sole determination are deemed appropriate by which to secure a determination as to any or all of the following issues: (1. ) Are the above- described Deferred Retirement Option Plan (DROP) and/or any and all MOU/Code provisions allowing for the purchase of service credit for retirement benefit calculation purposes, “vested” benefits. (2. ) Can the purchased service credits be utilized to determine vesting into the Retirement System.the (3. ) Are benefits subject to modification pursuant to any and all provisions of the Charter or other applicable rules and regulations. (4. ) And/or what, if any, conditions precedent exist to the implementation of City-initiated steps by which to modify and/or eliminate DROP and/or service credits. b. Although Local 145 reserves its rights to plead any and all substantive defenses which it deems appropriate as to such future litigation, Local 145 shall not take a position to the effect that initiation of such future litigation is barred.