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HomeMy WebLinkAbout8.b. Deffered Compensation Program / Social Security TaxesCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: OCTOBER 1, 1991 AGENDA ITEM: DEFERRED COMPENSATION PLAN/ AGENDA SECTION: SOCIAL SECURITY TAXES NEW BUSINESS PREPARED BY: SUSAN M. WALSH, CITY CLERK AGENDA i�.E _M # 8a_ ATTACHMENTS: MEMO, SAMPLE OF FORM TO APPROVED BY: EMPLOYEES, BROCHURE, RESOLUTION The purpose of this agenda item is to request Council's consideration to allow part-time employees, who had to start paying Social Security taxes on July 1, 1991, to enroll in the United States Conference of Mayors Deferred Compensation Program in lieu of paying social security taxes. It` -has been determined that the city's deferred compensation plan qualifies as a retirement plan if the employee contributes a minimum of 7.5% of his/her annual salary. Employees may defer up to 25% of their salary. If Council approved this proposal, the following groups of employees would be enrolled in the program as follows; (1) Firefighters: Effective with their November, 1991 paycheck, firefighters would participate in the deferred comp plan and would be allowed to chose the fixed account or variable account options. (2) Part-time, Seasonal Employees, and Student Interns: This group of employees, who are not eligible for PERA, would participate effective January 1, 1992 and be enrolled in the fixed account only. (3) Appointed Officials: Appointed commission and committee members who receive a salary, would participate effective January 1, 1992 in the fixed account only. RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION AUTHORIZING` EXPANSION OF THE UNITED STATES CONFERENCE OF MAYORS (USCM) DEFERRED COMPENSATION PROGRAM TO INCLUDE ALL CITY OF ROSEMOUNT"EMPLOYEES COUNCIL ACTION: 0- V,,/TIY of Rosemount PHONE (612) 423-4411 2875 - 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423-5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55088-0510 COUNCILMEMBERS Sheila Klassen John Oxborough Harry Willcox TO: Mayor Napper Dennis Wippermann Councilmembers Willcox, Wippermann, Oxborough, Klassen ADMINISTRATOR Stephan Jilk FROM: Susan Walsh, City Clerk DATE: September 26, 1991 RE: Deferred Compensation Plan The Omnibus Budget Reconciliation Act of 1990 (OBRA) expanded Social Security coverage to include all state and local government employees unless they are covered by the employer's retirement system. The City of Rosemount's retirement system is, of course, PERA. Prior to July 1, 1991, if an employee was not eligible for PERA membership, he/she was exempt from paying Social Security taxes. Effective July 1, 1991, all city employees who were not a member of PERA had to begin paying 6.2% of their gross salary for Social Security taxes. The affected group of employees include part-time and seasonal employees who work in the parks and recreational programs or in the maintenance departments, election judges, interns, firefighters and appointed positions. It is this group of employees who will be affected by the following proposal. In June of this year final regulations for OBRA were issued by the Department of Treasury. These regulations have been interpreted to state that a deferred compensation plan under Section 457 of the Internal Revenue Code (457 Plan) met the definition of a retirement system if contributions to the employee's account were at least 7.5% of his/her gross salary. For your information, Section 457 plans were designed and enacted in 1979 for public sector employees who wanted supplemental retirement programs. In 1983 the City Council authorized employees to participate in the United States Conference of Mayor's (USCM) deferred compensation plan. This plan is currently offered to regular full-time and regular part-time employees; and the participation by this group of employees is at approximately 60 percent. Our customer service representative from Public Employees Benefit Services Corporation (PEBSCO), who administers the plan for USCM, approached me to see if the city would be interested in having the category of part-time employees, who had to begin paying Social Security taxes on July 1, 1991, contribute to the City's 457 Plan in lieu of paying social security taxes. Our initial discussion centered on firefighters, but further discussions led us to include other employees who began paying social security on July 1, 1991. ver )hangs �oming Ub RosemouvdY 1f I IQo9b ,ecy[ IIO "Pp I contacted the League of Minnesota Cities. Scott Riggers from LMC had some "arm waving concerns" as he referred to.them, but informed me he just didn't have enough information on this concept. Vic Sannes from the tax department of Boeckermann, Heinen & Meyer, had no reservations of going with the 457 Plan. Cathy Sibbald from Internal Revenue Service in Washington, D.C. informed me a 457 Plan meets the criteria if (a) employee is immediately vested; (b) contributes at least 7.5% of salary; and (c) employee's contribution is 100% non -forfeitable. Initial staff discussions concluded that it either be an all or none situation; i.e. either all firefighters would participate in the 457 Plan or all would pay Social Security taxes. We tested the waters on this concept with the firefighters. In order to get a sense of whether our firefighters would rather contribute to the 457 Plan or to Social Security, we invited the city's PEBSCO representative to attend the September 10 fire department meeting and explain the program. 100% of the members in attendance indicated they preferred the deferred comp plan over social security. The firefighters were also given enrollment forms which are to be returned by October 1st. Fire Chief Aker advised the fire department's participation in the deferred plan was subject to Council approval. Why would the employees choose a deferred comp plan over social security? I will list some points that I feel are advantages: (1) Employees would receive back whatever amount was put into the 457 Plan. With Social Security taxes, employee would not receive that exact amount; and in many instances may never receive what they contribute to Social Security. (2) Employees can designate a beneficiary and contingent beneficiary with the 457 Plan. This option does not exist with Social Security. (3) Employees will appreciate tax advantages with the 457 Plan. Federal and State taxes will be deferred on the amount designated to be contributed to the 457 Plan. If employee earns $2,000 and defers 10% or $20, federal and state taxes would be computed on the net amount or $1980. (4) Employees can have the funds they deferred if they terminate their employment with the City, retire, or in the event of death, the beneficiary would receive the funds. Employees could withdraw the funds while still employed with the City if they experienced a qualifying unforeseeable emergency. These options are not available with Social Security. (For those born after 1959, full retirement benefits from Social Security will not be available until age 67.) E (5) No cost to the employee. Prior to October 1, 1991, PEBSCO charged a $12 per year per participant. This fee has now been dropped. Why would the City consider allowing "part-time" employees to contribute to a deferred comp plan rather than Social Security? (1) Cost savings -- For 1992, it estimated the city would save approximately $5,000 if the fire department membership used the 457 Plan; and an additional $10,000 to $20,000 for the other part-time employees. This projected savings would be realized in social security taxes the city would not have to pay. (2) This would allow the City to offer, what I personally feel, is a benefit to our employees. For our young adults who work in our part-time and seasonal positions, they will be able to get their money back at a time in their lives when they have limited incomes. It is also a way for the City to provide a pension program to our part-time employees who want to take advantage of it. Are there any disadvantages or drawbacks of the 457 Plan? There are only two minor drawbacks that I can foresee: (1) If a part-time employee became a full-time employee, that employee would not be allowed to withdraw the money he/she deferred as a part-time employee unless he/she terminated his/her employment with the city (except for a qualified emergency). (2) Increase of staff time, yes; but the overall savings to the city far exceeds the amount of increased staff time. Here's a summary on how the plan would work: (1) All city employees who are not eligible to belong to PERA would enroll in the USMC Deferred Compensation Program. (2) These employees, because of their enrollment in the USMC Deferred Program would not pay Social Security taxes. (3) These employees must defer at least 7.5% but will be allowed to defer up to 25% of their gross earnings. (4) The fire chief will coordinate the enrollment/termination procedure for fire department employees. The city clerk will coordinate the enrollment/termination for all other part-time employees. (5) Firefighters will be offered funding options -- either a fixed option with a guaranteed rate of return (3rd quarter of 1991 was 8.25$); or the option of selecting up to 10 different common stock funds, 2 bond funds and one money-market fund. 3 (6) Part-time and seasonal employees and student interns will only be allowed to enroll in the fixed account. There are a couple of reasons for only offering the fixed account: (a) Mutual funds are generally utilized for long-term investments. As a rule of thumb, the investment period should be at least three years. I feel most of the part-time employees would withdraw their money before three years; and in most instances as soon as they cease working for the city. Most of our part-time employees work less than one year; and I foresee them withdrawing their money at the end of their employment. (b) For administrative ease in enrolling part-time and seasonal employees, it would be much simpler and less confusing to the employee to only offer the fixed account option. (7) PEBSCO, who administers the plan for USCM, doesn't care if an employee only works one day or two weeks or a year -- when an emloyee terminates employment with the city, I will provide him7her with a form which allows them to submit for a refund from PEBSCO. (8) Appointed positions. The city's commission and committee members would be enrolled into the fixed account, but be allowed to defer from 7.5% up to 25% of their annual salary. It would be difficult to get all members of this group of employees together for explaining the variable account options. I, therefore, propose they be offered the fixed account deferment only. (9) Election judges is our last category of employees to address. Election judges who earn less than $100 in a year are exempt from paying social security and medicare taxes. Because it is hard to determine whether or not an election judge will go over $100, the payroll department withholds social security and medicare on any amount. Although my contacts in this matter have encouraged me to include all employees in the policy, this is one group of part-time employees I would exempt from the deferred comp program. Enrollment would be difficult. In odd -numbered years for our city elections, I do not train the judges except for the captains. Therefore, I do not see these people until election day which would be the day I would have to take time and enroll them. If there was only one election in a particular year, I would be enrolling them and terminating them from the deferred comp program at the same time. It would be processing approximately 40 applications in one day and would be very time consuming on my part. There are strong lobbying efforts going on right now to exclude election judges from social security taxes or to increase the level of income so that they would be exempt. I am hopeful this will occur. 4 In the meantime, I feel it would be burdensome, time consuming and not very cost effective from the city's stand point to enroll the election judges in a deferred comp program. (10) To meet Internal Revenue regulations, this proposal must be in place by December 31, 1991. If Council approves this proposal, I would suggest that firefighters be allowed to enroll and defer into the plan with their November, 1991 paycheck (salary for last six months). I would recommend that this proposal for the other group of part-time employees take effect on January 1, 1992. This date will allow staff time to gear up for the comp program and enroll employees. (11) Members of the Council would not be affected by this proposal, since you were already paying Social Security taxes prior to July 1, 1991. w The 457 Plan is available to any member of the Council if you would be interested in deferring a percentage of your salary. Council action would simply allow PEBSCO to add an additional entity number for deferments received from this group of employees. This would be known as the OBRA account. This means that all funds put into this account would be separate from the account to which full-time employees contribute. Council action to approve the deferment plan for the above -referenced part- time employees would be done by adopting the attached resolution. For you information, I have attached a sample of a form which explains the above process called, USCM Deferred Compensation (OBRA), which we are trying to even get onto one page. Also, I've attached a brochure which explains deferred compensation. If you have any questions, please feel free to contact me at my direct number, 322-2002. 5 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1991 - A RESOLUTION AUTHORIZING EXPANSION OF THE UNITED STATES CONFERENCE OF MAYORS (USCM) DEFERRED COMPENSATION PROGRAM TO INCLUDE ALL CITY OF ROSEMOUNT EMPLOYEES WHEREAS, the City Council of the City of Rosemount adopted Resolution 1983-26, A RESOLUTION AUTHORIZING PARTICIPATION IN THE UNITED STATES CONFERENCE OF MAYORS DEFERRED COMPENSATION PROGRAM (Exhibit A); and WHEREAS, the City Council of the City of Rosemount has considered offering this Deferred Compensation Program to all eligible City employees and elected officials pursuant to federal legislation permitting such plans; and WHEREAS, certain substantial tax benefits could accrue to employees and elected officials participating in said Deferred Compensation Plans; and WHEREAS, such benefits will act as incentives to City employees to voluntarily set aside and invest portions of their current income to meet their future financial requirements and supplement their City retirement and Social Security (if applicable), at no cost to the City; and WHEREAS, The U.S. Conference of Mayors has established a master prototype deferred compensation program for cities and political subdivisions permitting its member cities and their employees to enjoy the advantages of this program; WHEREAS, The U.S. Conference of Mayors, as Plan Administrator, agrees to hold harmless and indemnify the City, its appointed and elected officers and participating employees from any loss resulting from the U.S. Conference of Mayors or its Agent's failure to perform its duties and services pursuant to The U.S. Conference of Mayors Program; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rosemount: (1) The City Council hereby adopts the U.S. Conference of Mayors Deferred Compensation Program and its attendant investment options and hereby establishes the City of Rosemount Deferred Compensation Plan for the voluntary participation of all eligible City employees and elected officials; and (2) The City Administrator or his designee are hereby authorized to execute for the City, individual participation agreements with each said employee requesting same, and to act as the "Administrator" of the Plan representing the City, and to execute such agreements and contracts as are necessary to implement the Program. It is implicitly understood that other.than the incidental expenses of collecting and disbursing the employee's deferrals and other minor administrative matters, that there is to be no cost to the city for the Program. (3) The Mayor and City Clerk are hereby authorized to execute the necessary documents to allow the City of Rosemount to expand its Deferred Compensation Program with United States Conference of Mayors for the inclusion of all City employees. ADOPTED this 1st day of October, 1991. ATTEST: Susan M. Walsh, City Clerk Motion by: Voted in favor: Voted against• Vernon J. Napper, Mayor Second by: "EXHIBIT A" CITY OF ROSEMOUNT RESOLUTION 1983-26 A RESOLUTION AUTHORIZING PARTICIPATION IN THE UNITED STATES CONFERENCE OF MAYOR'S DEFERRED COMPENSATION PROGRAM WHEREAS, the City has considered the establishment of a Deferred Compensation Plan to be made available to all eligible City employees, elected officials, and independent contractors pursuant to the newly passed Federal legislation permitting such Plans; and WHEREAS certain substantial tax benefits could accrue to employees, elected officials, and independent contractors participating in said Deferred Compensation Plans; and WHEREAS, such benefits will act as incentives to City employees to voluntarily set aside and invest portions of their current income to meet their future financial requirements and supplement their City retirement and Social Security (if applicable), at no cost to the City; and WHEREAS, the U.S. Conference of Mayors has established a master prototype deferred compensation program for cities and political subdivisions permitting its member cities and their employees to enjoy the advantages of this program; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMOUNT DOES HEREBY RESOLVE AS FOLLOWS: The City Council hereby adopts the U.S. Conference of Mayors Deferred Compensation Program and its attendance investment options and hereby establishes the City of Rosemount Deferred Compensation plan for the voluntary participation of all eligible City employees, elected officials and independent contractors. The City Clerk is hereby authorized to execute for the City, individual participation agreements with each said employee requesting same, and to act as the "Administrator" of the plan representing the City, and to execute such agreements and contracts as are necessary to implement the Program. It is implicitly understood that other than the incidental expenses of collecting and disbursing the employee's deferrals and other minor administrative matters, that there is to be no cost or contribution by the City to the Program. Adopted this 5th day of July,, -1983. Leland S. Knutson, Mayor USCM DEFERRED COMPENSATION (OBRA) The Omnibus Budget Reconciliation Act of 1990 (OBRA) expanded Social Security coverage to include all state and local government employees unless they are covered by the employer's retirement system. Final regulations interpreting the new law were recently issued by the Treasury Department. The regulations specifically state that a plan operated in accordance with the provisions of Section 457 of the Internal Revenue Code (deferred compensation) will meet the definition of a retirement system if contributions to participant's accounts are at least 7.5% of compensation. (This would be paid instead of the 7.65% to Social Security.) Both the employer and the employee still contribute the 1.45% Medicare portion of Social Security. Deferred compensation is a plan that allows you to set aside part of your salary on a regular basis, through convenient payroll deduction. Federal and state income taxes on what you've deferred plus earnings are postponed until you withdraw the money, usually when you retire or terminate. And when you start taking payouts from your account, you will pay taxes only on the amount you receive in any given year. Since your deferrals are made with pre-tax dollars (coming off the top, from your gross pay), you get the immediate benefit of a reduc- tion in your current state and federal income taxes. Under OBRA, you are required to defer 7.5% of your annual salary and you may choose to defer as much as the annual maximum of 25% of your adjusted gross salary, not to exceed $7500 per year. As your financial circumstances change, you may change the amount you defer - as often as your employer permits. The USCM Plan has up to 14 different fixed and variable investment choices available; you may defer into either or both of two options: 1. FIXE ION - features a yearly guaranteed minimum rate of return as well as a quarterly rate, which may exceed but won't !be lowerkhan the annual guaranteed rate. (8.05% - 1991 guar; 8.25% - rd quarter.) 2` VARIABLE OPTION - consists of up to 10 different common stock Unds, 2 bond funds and one money-market fund. (Please see me for fund management results and prospectuses on the individual mutual funds.) The money in your deferred compensation account is payable to you (or your designated beneficiary) when you retire, leave employment, experience an IRS -defined "unforeseeable emergency" or die. Payout options include lump sum, designated amount, fixed time period, or a variety of annuities including life income payment certain, joint and last survivor and designated period. Payments may be made monthly, quarterly, semi-annually or annually. There .is NO administration fee, NO deferred sales charges or any required minimum years of participation in this program. If you select the Variable Option, there is an annualized asset management fee of .0095. Deferred compensation for public employees falls under Internal Revenue Code Section 457. The USCM Plan, administered by PEBSCO (Public Employees Benefit Services Corporation), is in full compliance with these regulations. max Imemeem1^°8 CWWWWW ALICE BEIHL � Area Director A P.O. Box 21401 W Eagan. MN 55121-0401 6121456.9361 Deferred Compensation Plan Administrators U.S. Conference of Mayors . National Association of Counties Securities offered thru PEBSCO Securities Corp. 9339 Calumet Avenue Suite C Munster, IN 46321 2191836-8213 Customer Service: 1-8001848.6104