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Agenda Item 7CAGENDA ITEM # X MAY 13, 2013 CITY OF ATLANTIC BEACH CITY COMMISSIONER MEETING STAFF REPORT AGENDA ITEM: I" Reading — Ordinance for Defined Contribution Plan SUBMITTED BY: Susan Danhauser, Human Resources Director DATE: April 12, 2013 STRATEGIC PLAN OBJ: Goal #1 Pension and Employee Benefits, 2012/2013 Goals BACKGROUND: On April 8, 2013, the Commission approved that the general pension plan would be closed to non - vested and new members and all non - vested and new general employees would be eligible to participate in a Defined Contribution Plan. The Defined Contribution Plan is as follows: (a.) The city will match contributions made by the eligible employee in their 457 account up to six (6) percent of their compensation during the first ten (10) years of service. This match provided by the city will be made to the member's 401 Profit Sharing Plan. (b.) After ten (10) years of service, the City will contribute an additional four (4) percent of the employee's compensation to the member's 401 Profit Sharing Plan. Matching is not required for the additional four (4) percent contribution. (c.) Each member shall immediately be 100 percent vested in employee contributions and rollover contributions in their 457 Plan. (d.) Each member shall be 100 percent vested in employer contributions made to their 401 Profit Sharing Plan at the completion of five years of employment. (e.) A non - vested member shall forfeit the portion of accumulated employer contributions upon termination of employment. (£) Non - vested funds in the 401 Profit Sharing Plan will be managed by the City Manager or his designee in a fixed asset account. Once these funds are vested, the employee may select investment options from those available through ICMA. BUDGET: The projected conversion amount to the non - vested employees' 401 Profit Sharing account is — $68,000 and has been included in a budget amendment. ATTACHMENT: Ordinance No. 58 -13 -35 The ordinance refers to "Exhibit A" — the Plan Document for the 401 Profit Sharing Plan. It is expected to be complete this week and will be forwarded via email. RECOMMENDATION: Approve Ordinance No. 58 -13 -35 on first reading. REVIEWED BY CITY AGENDA ITEM # 7C MAY 13, 2013 ORDINANCE NO. 58 -13 -35 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, ESTABLISHING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 5, CITY OF ATLANTIC BEACH DC PLAN. WHEREAS, the City of Atlantic Beach General Employees are presently provided pension and certain other benefits under Ordinances of the City of Atlantic Beach and; WHEREAS, the City Commission wishes to establish a Profit Sharing Plan. This Plan shall be maintained as a governmental profit sharing plan under the provisions of Section 401 of the United States Internal Revenue Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA; SECTION 1: That Chapter 2, Administration, Article VI, Employee Benefits, Division 5, City of Atlantic Beach DC Plan of the Code of Ordinances of the City of Atlantic Beach, is hereby established effective April 1, 2013 as set forth in the document designated CITY OF ATLANTIC BEACH DC PLAN as provided in Exhibit A, attached hereto and made a part hereof. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Atlantic Beach. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5: That this Ordinance shall become effective upon its adoption. PASSED ON FIRST READING, this day of AGENDA ITEM # 7C MAY 13, 2013 2013. PASSED AND ADOPTED ON SECOND AND FINAL READING, this day of 2013. MIKE BORNO Mayor ATTEST: DONNA L. BARTLE, CMC City Clerk Approved as to form: ALAN C. JENSEN, ESQUIRE City Attorney