§ 154-183. Administrative duties of the board of trustees and the pension office.

(a)

General duties. The board of trustees shall be responsible for the administrative and operational functions necessary or appropriate for the administration of the plan and trust. The Director of Finance of Fulton County shall appoint a staff to assist in the administration of the plan (the pension office) and shall prescribe the duties of such individuals. The board of trustees, or the pension office to the extent the board chooses to delegate certain duties, shall perform the administrative functions set forth in this section, in addition to those that may otherwise be imposed by the plan and trust.

(b)

Agent for service of legal process. The board of trustees shall be the agent for service of legal process on the plan and trust, unless the employer designates some other certified agent for such purpose.

(c)

Recordkeeping and reports. The board of trustees shall maintain all required records and shall be responsible for filing all reports with governmental agencies.

(d)

Participant information and forms. The board of trustees shall provide participants, beneficiaries, and other persons or entities entitled to benefits with all notices, forms, reports, and information necessary for the orderly administration of the plan.

(e)

Payment of accrued benefits; other distributions. The board of trustees shall interpret and construe the provisions and intent of the plan and trust and decide any dispute that may arise with regard to the rights of participants, beneficiaries, other persons or entities entitled to benefits hereunder, parties claiming as such and legal representatives of such persons or entities including, but not limited to, the entitlement to and amount of benefits under the plan and trust.

(f)

Claims procedure. All claims for benefits shall be reviewed by the board of trustees, and no benefits shall be granted without the concurrence of a majority of the members of the board of trustees, except as provided in section 154-182(a). The decision of the board of trustees shall be based upon sworn testimony of witnesses, documentary evidence provided to the board, and the investigation of the board as to the material facts and circumstances of the claim. Any member of the board of trustees is authorized to swear witnesses testifying before the board. Witnesses shall be compensated by the plan as if testifying before the Superior Court of Fulton County. The claimant and the employer shall be entitled to apply to the board to compel the attendance of witnesses or the production of documents by subpoena or subpoena duces tecum, which subpoenas will be served and effective as provided for by the plan with respect to the superior courts of Georgia. Any witness refusing to produce documents, appear, or answer a question lawfully propounded to him shall be guilty of contempt and, upon certification of such act or omission by any court commissioner serving at such trial or by the board, a Judge of the Superior Court of Fulton County may punish such witness for contempt as if committed before him.

(g)

Arbitration as to total disability. If, during the course of the board of trustees' determination of the validity of a claim, a dispute arises with respect to whether a participant is totally disabled, either the participant or the employer may demand arbitration of such question before three physicians licensed to practice in the State of Georgia. The party demanding arbitration shall submit his choice of physician to the executive secretary of the board in writing at the time he demands arbitration. The opposite party shall submit his choice within five days, and the two physicians so chosen shall select a third physician. After examination of the participant, the physicians shall determine by a majority vote whether the participant is totally disabled, which determination shall be binding and shall be incorporated in the decision of the board of trustees. Each party shall pay the expenses of its chosen physician, and the expenses of the third physician shall be borne equally by the parties. Any such payments by the employer shall be made from revenue funds.

(h)

Review of interpretations. If a participant, beneficiary, or other person or entity entitled to benefits believes himself or itself to be adversely affected by an interpretation or construction of any provision of the plan and trust made by the board of trustees, he or it may, within 30 days of the decision of the board of trustees, apply to the Superior Court of Fulton County for a writ of certiorari, which writ the court shall have jurisdiction to grant in the manner and upon the terms and conditions provided by law.

(i)

Funding policy. To the extent necessary or appropriate, the board of trustees shall establish, and from time to time review and modify as necessary, a funding policy as to the shortterm and longterm financial needs of the plan and trust including liquidity requirements.

(j)

Selection of advisers. The board of trustees shall have the right to select and employ actuarial, legal, accounting, and other professional advisers to assist in the administration of the plan and trust. The adviser or advisers selected may be adviser or advisers to the employer. To the extent appropriate, the board of trustees shall report to the employer on the performance of the advisors selected and employed.

(k)

Delegation of authority. The board of trustees may delegate the performance as a fiduciary of any of the administrative responsibilities under the plan, but only if the person or entity to whom such responsibilities are so delegated acknowledges acceptance of such delegation in writing. Any such delegation or allocation shall be in writing, signed by and retained in the records of the board of trustees. The board of trustees, or the person or entity to whom the delegation was made, shall have the authority to terminate such delegation or allocation at any time, with or without cause. Any such termination by the board of trustees shall not be effective until delivery of written notice of termination to the person or entity to whom the delegation was made or at such later time as may be specified in such notice. If the termination is made by the person or entity to whom the delegation is made, it shall not be effective until delivery of written notice of termination to the board of trustees or at such later time as may be specified in such notice.

(91-RC-669, § 7.3, 12-18-91)