Loading...
Item 5Qlaity of NoumjaKe, i exas MEMORANDUM November 29, 2005 TO: Shana Yelverton, City Manager FROM: Kevin Hugman, Director of Human Resources SUBJECT: Resolution No. 05 -073, Authorizing the City Manager to enter into an agreement with Public Agency Retirement Systems (PARS) to establish a Section 457 FICA Alternative Retirement Plan for part -time, seasonal and temporary employees. Action Requested: City Council consider Resolution No. 05 -073, authorizing the City Manager to execute an agreement with Public Agency Retirement Systems (PARS) to establish a Section 457 FICA alternative retirement system for part -time, seasonal and temporary employees. Background Information: The City of Southlake opted out of Social Security pursuant to federal legislation allowing it. The opt out relates only to full -time employees. Federal legislation at the time did not allow the City to opt out of social security for part -time employees. The City is required to contribute an amount equal to 6.2% of each part -time employee's salary to social security and the employee is required to contribute a similar amount for a total contribution of 12.4 %. In 1990 Congress adopted the Omnibus Budget Reconciliation Act (OBRA). OBRA mandated that employees not covered at the time by a retirement program should be enrolled in social security or an alternate retirement program which meets the statutory requirements of the Act. The Pubic Agency Retirement System (PARS) offers an Alternate Retirement System (ARS) that meets these requirements. The ARS program provides certain benefits to both the employee and the City. The legislation requires a minimum contribution to the alternate plan of 7.5 %. The employee's contribution will therefore, remain the same as it is under social security (6.2 %). This deduction can however, be taken from pre -tax dollars and this will actually result in an increase in take home pay for the contributing employees. The City will contribute the remaining 1.3% for a total of 7.5 %, as well as pay the administrative fees associated with the Plan ($3,600 annually). The reduced rate of contribution by the City (1.3% versus 6.2 %) results in estimated annual savings of approximately $11,000 after payment of the Plan fees. This level of savings will continue each year with the amount varying depending on the total number of part-time employees and the hours worked. The benefits to employees from enrollment in PARS versus Social Security are as follows: (a) PARS plan participants are fully vested in their individual accounts from day one. This is the same as immediate ownership of the invested Shana Yelverton, City Manager November 29, 2005 Page 2 funds. This compares to Social Security which requires contributions for a minimum of 40 calendar quarters (10 years total) before an employee is eligible for any Social Security retirement benefit. (b) In the event of the participant's separation from the City, the participant may receive the contributed funds as follows: a. distributed as a lump sum for the participant; or b. rolled over to an IRA or other qualified plan that accepts rollovers. (c) PARS contributions are pre -tax dollars. Social Security contributions are post -tax dollars (income tax). The result is additional take home pay for the enrolled employees. (d) Contributions to the PARS plan increase account balances without limit. With Social Security, once the limit is met, additional contributions do not result in any higher benefits for the contributing participant. Financial Considerations: The $3,600 administrative fee will be paid from funds budgeted for eligible employee Social Security benefits. Including payment of administrative fees, cost savings are estimated at $11,000 annually (less during first year due to partial fiscal year). Citizen Input/ Board Review: Not Applicable. Legal Review: The City Attorney has reviewed the applicable documents. Alternatives: Decline to authorize the agreement and continue with Social Security benefits for part-time, seasonal and temporary employees. Supporting Documents: • Resolution No. 05 -073 PARS Agreement for Administrative Services Staff Recommendation: City Council authorize the City Manager to enter into an agreement with Public Agency Retirement Systems (PARS) to establish a Section 457 FICA alternative retirement system for part -time, seasonal and temporary employees. Staff Contact: Kevin Hugman, Director of Human Resources f _i+w of Qmat hiaka Toymt RESOLUTION NO. 05-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ADOPTING A SECTION 457 FICA ALTERNATIVE RETIREMENT PLAN. WHEREAS, it is in the City's best interest and the best interest of the City's employees to provide a Qualifying Retirement System for all its employees not currently eligible for such a Qualifying Retirement System ( "Deferred Compensation FICA Alternative Plan "), thereby meeting the requirements of Section 11332 of the Omnibus Budget Reconciliation Act (OBRA 90) and Section 3121(b)(7)(F) of the Internal Revenue Code (IRC); and WHEREAS, the Public Agency Retirement System (PARS) has made such a system available to the City and its eligible employees and qualifies under OBRA 90 Section 11332, IRC Sections 3121(b)(7)(F) and 457(b), and meets the meaning of the term "retirement system" as given by Section 218(b)(4) of the Federal Social Security Act; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, THAT: Section 1: The City Council hereby adopts the PARS 457 Trust, including the PARS Section 457 FICA Alternative Retirement Plan, effective January 1, 2006 the Effective Date for the benefit of employees on that date and hired thereafter; and Section 2: The City Council hereby appoints the Cit y Manager, or his/her successor or his /her designee as the City's Plan Administrator for the Public Agency Retirement System Section 457 FICA Alternative Retirement Plan; and Section 3: The City's Plan Administrator is hereby authorized to implement the plan(s), execute the PARS legal documents on behalf of the City and to take whatever additional actions are necessary to maintain the City's participation in PARS and to maintain PARS compliance of any relevant regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional actions are required to administer the City's PARS plan(s). Section 4: This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE DAY OF , 2005. Andy Wambsganss, Mayor ATTEST: Lori Farwell, City Secretary NAHuman Resources \Director\CCOUNCILIFYOS- 061Res. No. 05 -073, ARS resolution.DOC AGREEMENT FOR ADMINISTRATIVE SERVICES This agreement ( "Agreement ") is made this day of , 2005, between Phase II Systems, a California corporation, hereinafter Public Agency Retirement System ( "PARS ") and the City of Southlake ( "Agency "). WHEREAS, Agency has adopted the City of Southlake PARS Section 457 FICA Alternative Retirement Plan (the "Plan ") effective , 2005, and is desirous of retaining PARS, as Trust Administrator to the PARS Trust, to provide administrative services; NOW THEREFORE, the parties agree: 1. Services. PARS will provide the services pertaining to the Plan as described in the exhibit attached hereto as "Exhibit I A" ( "Services ") in a timely manner, subject to the further provisions of this Agreement. 2. Fees for Services. PARS will be compensated for performance of the Services as described in the exhibit attached hereto as "Exhibit 1 B". 3. Payment Terms. Payment for the Services will be remitted directly from Plan assets unless the Agency chooses to make payment directly to PARS. In the event that the Agency chooses to make payment directly to PARS, it shall be the responsibility of'the Agency to remit payment directly to PARS based upon an invoice prepared by PARS and delivered to the Agency. If payment is not received by PARS within thirty (30) days of the invoice delivery date, the balance due shall bear interest at the rate of 1.5% per month. If payment is not received from the Agency within sixty (60) days of the invoice delivery date, payment plus accrued interest will be remitted directly from Plan assets, unless PARS has previously received written communication disputing the subject invoice that is signed by a duly authorized representative of the Agency. 4. Fees for Services Beyond Scope. Fees for services beyond those specified in this Agreement will be billed to the Agency at the rates indicated in PARS' standard fee schedule in effect at the time the services are provided and shall be payable as described in Section 3 of this Agreement. Before any such services are performed, PARS will provide the Agency with written notice of the subject services, terms, and an estimate of the fees therefore. 5. Information Furnished to PARS. PARS will provide the Service contingent upon the Agency's providing PARS the information specified in the exhibit attached hereto as "Exhibit 1 C" ( "Data'). It shall be the responsibility of the Agency to certify the accuracy, content and completeness of the Data so that PARS may rely on such information without further audit. It shall further be the responsibility of the Agency to deliver the Data to PARS in such a manner that allows for a reasonable amount of time for the Services to be performed. Unless specified in Exhibit IA, PARS shall be under no duty to question Data received from the Agency, to compute contributions made to the Plan, to determine or inquire whether contributions are adequate to meet and discharge liabilities under the Plan, or to determine or inquire whether contributions made to the Plan are in compliance with the Plan or applicable law. In addition, PARS shall not be Page 1 liable for non performance of Services if such non performance is caused by or results from erroneous and/or late delivery of Data from the Agency. In the event that the Agency fails to provide Data in a complete, accurate and timely manner and pursuant to the specifications in Exhibit 1C, PARS reserves the right, notwithstanding the further provisions of this Agreement, to terminate this Agreement upon no less than ninety (90) days written notice to the Agency. 6. Suspension of Contributions. In the event contributions are suspended, either temporarily or permanently, prior to the complete discharge of PARS' obligations under this Agreement, PARS reserves the right to bill the Agency for Services under this Agreement at the rates indicated in PARS' standard fee schedule in effect at the time the services are provided, subject to the terms established in Section 3 of this Agreement. Before any such services are performed, PARS will provide the Agency with written notice of the subject services, terms, and an estimate of the fees therefore. 7. Records. Throughout the duration of this Agreement, and for a period of five (5) years after termination of this Agreement, PARS shall provide duly authorized representatives of Agency access to all records and material relating to calculation of PARS' fees under this Agreement. Such access shall include the right to inspect, audit and reproduce such records and material and to verify reports furnished in compliance with the provisions of this Agreement. All information so obtained shall be accorded confidential treatment as provided under applicable law. 8. Confidentiality. Without the Agency's consent, PARS shall not disclose any information relating to the Plan except to duly authorized officials of the Agency, subject to applicable law, and to parties retained by PARS to perform specific services within this Agreement. The Agency shall not disclose any information relating to the Plan to individuals not employed by the Agency without the prior written consent of PARS, except as such disclosures may be required by applicable law. 9. Independent Contractor. PARS is and at all times hereunder shall be an independent contractor. As such, neither the Agency nor any of its officers, employees or agents shall have the power to control the conduct of PARS, its officers, employees or agents, except as specifically set forth and provided for herein. PARS shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. 10. Indemnification. To the extent permitted by law, PARS and Agency hereby indemnify each other and to hold the other harmless, including their respective officers, directors, employees, agents and attorneys, from any claim, loss, demand, liability, or expense, including reasonable attorneys' fees and costs, incurred by the other as a consequence of PARS' or Agency's, as the case may be, acts, errors or omissions with respect to the performance of their respective duties hereunder. 11. Compliance with Applicable Law. The Agency shall observe and comply with federal, state and local laws in effect when this Agreement is executed, or which may come into Page 2 effect during the term of this Agreement, regarding the administration of the Plan. PARS shall observe and comply with federal, state and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding Plan administrative services provided under this Agreement. 12. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. In the event any party institutes legal proceedings to enforce or interpret this Agreement, venue and jurisdiction shall be in any state court of competent jurisdiction sitting in Tarrant County, Texas. 13, Force Majeure. When a party's nonperformance hereunder was beyond the control and not due to the fault of the parry not performing, a party shall be excused from performing its obligations under this Agreement during the time an d to the extent that it is prevented from performing by such cause, including but not limited to: any incidence of fire, flood, acts of God, acts of terrorism or war, commandeering of material, products, plants or facilities by the federal, state or local government, or a material act or omission by the other party. 14. Ownership of Reports and Documents. The originals of all letters, documents, reports, and data produced for the purposes of this Agreement shall be delivered to, and become the property of the Agency. Copies may be made for PARS but shall not be furnished to others without written authorization from Agency. 15. Designees. The Plan Administrator of the Agency, or their designee, shall have the authority to act for and exercise any of the rights of the Agency as set forth in this Agreement, subsequent to and in accordance with the written authority granted by the Governing Board of the Agency, a copy of which writing shall be delivered to PARS. Any officer of PARS, or his or her designees, shall have the authority to act for and exercise any of the rights of PARS as set forth in this Agreement. 16. Notices. All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of the notices in person or by depositing the notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: (A) To PARS: PARS; 5141 California Avenue, Suite 150, Irvine, CA 91617 -3069; Attention: President (B) To Agency: City of Southlake; 1400 Main Street, Southlake, TX 76092; Attention: (Plan Administrator) Notices shall be deemed given on the date received by the addressee. 17. Term of Agreement. This Agreement shall remain in effect for the period beginning January 1, 2006 and ending December 31, 2008 ( "Initial Term "). This Agreement shall be automatically extended, at the end of the initial Term or any renewal period, for a renewal period of one (1) year upon the same terms and conditions, unless either party gives written notification of termination to the other party sixty (60) or more days prior to the end of the Initial Term or any renewal period thereafter. Page 3 In the event the Agency determines that PARS has failed to satisfactorily perform the services outlined in ExhibitlA of this Agreement, Agency will have the right to notify PARS of its intent to terminate the Agreement within sixty (60) days unless PARS cures the performance deficiencies to the Agency's satisfaction within thirty (30) days of receipt of the notice of intent to terminate. Agency intends to remit all payments due or to become due under this Agreement if funds are legally available. In the event Agency is unable to appropriate funds at any time during the term of this Agreement, Agency will have the right to terminate this Agreement upon thirty (30) days written notice to PARS. 18. Amendment. This Agreement may not be amended orally, but only by a written instrument executed by the parties hereto. 19. Entire Agreement. This Agreement, including exhibits, contains the entire understanding of the parties with respect to the subject matter set forth in this Agreement. In the event a conflict arises between the parties with respect to any term, condition or provision of this Agreement, the remaining terms, conditions and provisions shall remain in full force and legal effect. No waiver of any term or condition of this Agreement by any party shall be construed by the other as a continuing waiver of such term or condition. 20. Attorneys Fees. In the event any action is taken by a party hereto to enforce the terms of this Agreement the prevailing party herein shall be entitled to receive its reasonable attorney's fees. 21. Counterparts, This Agreement may be executed in any number of counterparts, and in that event, each counterpart shall be deemed a complete original and be enforceable without reference to any other counterpart. 22. Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. 23. Effective Date. This Agreement shall be effective on the date first above written, and also shall be the date the Agreement is executed. AGENCY: BY: TITLE: DATE: PARS: BY: TITLE: Senior Vice President DATE: (Plan Administrator) Page 4 EXHIBIT IA SERVICES PARS will provide the following services for the City of Southlake PARS Section 457 FICA Alternative Retirement Plan: 1. Plan Installation Services: (A) Meeting with appropriate Agency personnel to discuss Plan provisions, implementation timelines, benefit communication strategies, data reporting and contribution submission requirements; (B) Providing the necessary analysis and advisory services to finalize these elements of the Plan; (C) Providing for review by Agency legal counsel the documentation needed to establish the Plan; 2. Plan Administration Services: (A) Monitoring the receipt of Plan contributions made by the Agency to the trustee of the PARS Trust Program ( "Trustee "), based upon information received from the Agency and the Trustee; (B) Performing periodic accounting of Plan assets, including the allocation of employer and employee contributions, distributions, investment activity and expenses (if applicable) to individual Plan participant ( "Participant ") accounts, based upon information received from the Agency and/or Trustee; (C) Acting as ongoing liaison between the Participant and the Agency in regard to distribution payments, which shall include use by the Participants of toll -free telephone communication to PARS; (D) Coordinating the processing of Participant distribution payments pursuant to authorized written Agency certification of distribution eligibility, authorized direction by the Agency, and the provisions of the Plan, and, to the extent possible, based upon Agency - provided Data; (E) Directing Trustee to liquidate Plan assets (if necessary) and make Participant distribution payments, and producing required tax filings regarding to said distribution payments; (F) Notifying the Trustee of the amount of Plan assets available for further investment and management, or, the amount of Plan assets necessary to be liquidated in order to fund Participant distribution payments; (G) Coordinating actions with the Trustee as directed by the Plan Administrator within the scope this Agreement; (H) Preparing and submitting periodic reports of non - contributing Participants to the Agency; Page 5 (1) Preparing and submitting a monthly report of Plan activity to the Agency, unless directed by the Agency otherwise; (J) Preparing and submitting an annual report of Plan activity to the Agency; (K) Maintaining Plan in compliance of any relevant regulation issued or as may be issued. 3. PARS is not licensed to provide and does not offer tax, accounting, legal, investment or actuarial advice. In providing the services specified above, PARS will retain qualified professional service providers at its cost as it deems necessary if the service lies outside its area of expertise. Page 6 EXHIBIT 1 B FEES FOR SERVICES 1. PARS will be compensated for performance of Services, as described in Exhibit IA based upon the following schedule: (A) A distribution fee equal to $12.00 per terminated Participant ( "Distribution Fee "), which shall be deducted solely from the terminating Participant's account; (B) An annual asset fee to be paid by the Agency based on the following schedule: For Plan Assets from: Annual Rate: $1 to $500,000 2.00% $500,001 to $2,500,000 1.50% $2,500,001 to $5,000,000 1.25% $5,000,001 to $10,000,000 1.00% $10,000,001 and above 0.75% Annual rates are prorated and paid monthly. The annual asset fee shall be calculated by the following formula [Annual Rate divided by 12 (months of the year) multiplied by the Plan asset balance at the end of the month]. Asset based fees are subject to a $300.00 monthly minimum. Trustee and Investment Management Fees are not included. (C) A fee equal to the out of pocket costs charged to PARS by an outside contractor for formatting contribution data on to a suitable .magnetic media, charged only if the contribution data received by PARS from the Agency is not on readable magnetic media ( "Data Processing Fee "). Page 7 EXHIBIT 1C DATA REQUIREMENTS PARS will provide the Services under this Agreement contingent upon receiving the following information: 1. Contribution Data — readable magnetic media containing the following items of employee information related to the covered payroll period: (A) Agency name (B) Employee's legal name (C) Employee's social security number (D) Payroll date (E) Employer contribution amount (F) Employee contribution amount 2. Distribution Data — written Plan Administrator's (or authorized Designee's) direction to commence distribution processing, which contains the following items of Participant information: (A) Agency name (B) Participant's legal name (C) Participant's social security number (D) Participant's address (E) Participant's phone number (F) Participant's birthdate (G) Participant's condition of eligibility (H) Participant's effective date of eligibility (I) Signed certification of distribution eligibility from the Plan Administrator, or authorized Designee 3. Executed Legal Documents: (A) Certified resolution of the City of Southlake (B) Trust Document (C) Plan Document (D) Trustee Investment Forms Page 8