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CC 2018-04-10_09b Amended and Restated 457 Plan MEMORANDUM TO: CITY COUNCIL FROM: DEBBIE MALICOAT, DIRECTOR OF ADMINISTRATIVE SERVICES BY: LISA CHRISTENSEN, HUMAN RESOURCES MANAGER SUBJECT: CONSIDERATION OF A RESOLUTION ADOPTING THE AMENDED AND RESTATED 457 DEFERRED COMPENSATION PLAN AND TRUST DOCUMENT AND INCLUDING OPTIONAL PROVISIONS DATE: APRIL 10, 2018 SUMMARY OF ACTION: Adopting the Amended and Restated 457 Deferred Compensation Plan and Trust Document and the Optional Provision for Roth Contributions will allow part-time employees to participate in the Plan and will expand retirement savings options provided to employees. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no financial impact to the City; all costs are paid by Plan participants. No or minimal future staff time is projected. RECOMMENDATION: It is recommended the City Council: Adopt a Resolution adopting the Amended and Restated 457 Deferred Compensation Plan and Trust Document, adding the Optional Provision for Roth Contributions and allowing part-time employees to participate in the Plan. BACKGROUND: The City established a deferred compensation plan to be administered by the ICMA Retirement Corporation in 1986, which is governed by tax code section 457; therefore these plans are often referred to as “457 plans”. Over the years there have been updates due to changes in law and favorable private letter rulings from the Internal Revenue Service (IRS). In 2011, Roth Contributions were made available to 457 plans and, in 2017 ICMA’s model 457 Deferred Compensation Plan & Trust document received another favorable private letter ruling from the IRS. Item 9.b. - Page 1 CITY COUNCIL CONSIDERATION OF A RESOLUTION ADOPTING THE AMENDED AND RESTATED 457 DEFERRED COMPENSATION PLAN AND TRUST DOCUMENT AND INCLUDING OPTIONAL PROVISIONS APRIL 10, 2018 PAGE 2 ANALYSIS OF ISSUES: Usually the Plan revisions are automatically adopted as they do not materially change the administration of the Plan or any optional provisions previously elected. Staff is bringing this revision to Council for approval to add the optional provision for Roth Contributions and to allow part-time employees to participate in the plan. Adding the Roth Contribution provision will allow employees to save for retirement using after-tax earnings, which earn tax-free interest. Contributing to Roth-style accounts has been available in the marketplace for a number of years; however the City’s Plan documents must be amended in order to allow employees to have access to this mechanism. Allowing part-time employees to participate in the 457 Plan provides an optional retirement savings mechanism to these employees. Both provisions enhance the current employee benefit without a cost to the City, as all costs are paid by Plan participants. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Approve staff’s recommendation by adopting the Resolution; 2. Do not approve staff’s recommendations; or 3. Provide direction to staff. ADVANTAGES: The Amended and Restated 457 Deferred Compensation Plan and Trust ensures the City is operating with a plan with the most up to date provisions. Including a Roth Option and allowing part-time employees access to the 457 Plan provides employees with another benefit option for retirement savings. DISADVANTAGES: There are no disadvantages to adopting the Amended and Restated Plan and Trust Document. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Item 9.b. - Page 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO ADOPT THE AMENDED AND RESTATED 457 DEFERRED COMPENSATION PLAN AND TRUST DOCUMENT AND INCLUDING OPTIONAL PROVISIONS WHEREAS, the City of Arroyo Grande has employees rendering valuable services; and WHEREAS, the City has established a deferred compensation plan for such employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City has determined that the continuance of the deferred compensation plan will serve this objectives; and WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes to the structure of and allow enhancements of the benefits of the deferred compensation plan; and WHEREAS, the City desires to enhance the Plan by adopting the optional Roth Contribution Provision as reflected in Article X of Exhibit A, attached herein, and allowing part time employees to participate in the Plan. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby amend and restate the ICMA Retirement Corporation Deferred Compensation Plan and Trust as reflected in Exhibit A, attached herein. BE IT FURTHER RESOLVED that the assets of the ICMA Plan shall be held in trust, with the City serving as trustee (“Trustee”), for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee’s beneficial ownership of the Plan assets held in VantageTrust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries. BE IT FURTHER RESOLVED that the Plan will not permit loans. BE IT FURTHER RESOLVED that the City hereby agrees to serve as Trustee under the Plan. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 10th day of April, 2018. Item 9.b. - Page 3 RESOLUTION NO. PAGE 2 JIM HILL, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: JAMES A. BERGMAN, CITY MANAGER APPROVED AS TO FORM: HEATHER K. WHITHAM, CITY ATTORNEY Item 9.b. - Page 4 EXHIBIT A Item 9.b. - Page 5 Item 9.b. - Page 6 Item 9.b. - Page 7 Item 9.b. - Page 8 Item 9.b. - Page 9 Item 9.b. - Page 10 Item 9.b. - Page 11 Item 9.b. - Page 12 Item 9.b. - Page 13 Item 9.b. - Page 14 Item 9.b. - Page 15 Item 9.b. - Page 16 Item 9.b. - Page 17 Item 9.b. - Page 18 Item 9.b. - Page 19 Item 9.b. - Page 20 Item 9.b. - Page 21 Item 9.b. - Page 22 Item 9.b. - Page 23 Item 9.b. - Page 24 Item 9.b. - Page 25 Item 9.b. - Page 26 Item 9.b. - Page 27 Item 9.b. - Page 28 Item 9.b. - Page 29 Item 9.b. - Page 30 Item 9.b. - Page 31 Item 9.b. - Page 32 Item 9.b. - Page 33 Item 9.b. - Page 34 Item 9.b. - Page 35 Item 9.b. - Page 36 Item 9.b. - Page 37 Item 9.b. - Page 38 Item 9.b. - Page 39 THIS PAGE INTENTIONALLY LEFT BLANK Item 9.b. - Page 40