§ 2-1396.5. Miscellaneous.

(a)

Limitation of rights; employment relationship. Neither the establishment of this program nor any modification thereof, nor the creation of any fund or account, nor the payment of any benefits under the plan, shall be construed as giving a participant or any other person legal or equitable rights against the city. In no event shall the terms of employment or independent contractor relationship of any employee be modified or any way be affected by the program.

(b)

Representations. The city does not represent or guarantee that any particular federal or state income, payroll, personal property or other tax consequences will result from participation in this program.

(c)

Severability. If a court of competent jurisdiction holds any provision of this program to be invalid or unenforceable, the remaining provisions of the plan shall continue to be fully effective.

(d)

Amendment and termination. The city may amend the provisions of this program at any time; provided, however, that no amendment, including current amendments to these ordinances, shall affect the rights of participants or their beneficiaries to the receipt of payment of benefits, to the extent of any compensation deferred at the time of the amendment, as adjusted for investment experience under this program prior to and subsequent to the amendment. The city may terminate or discontinue the program at anytime without liability for such termination or discontinuance.

(Ord. No. 110220, § 1, 5-26-11)