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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/07/2006 - RESOLUTION 2006-029 ADOPTING THE FOURTH AMENDMENT ITEM NUMBER: 23 AGENDA ITEM SUMMARY DATE: March 7, 2006 FORT COLLINS CITY COUNCIL STAFF: Chuck Seest SUBJECT Resolution 2006-029 Adopting the Fourth Amendment to the City of Fort Collins General Employees' Retirement Plan as Amended and Restated Effective December 31, 2001. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY This Resolution removes three members of the Police Services bargaining unit who are Community Service Officers and are also currently participants in the General Employees' Retirement Plan ("GERP"). The collective bargaining agreement between the City and the Fraternal Order of Police Lodge # 3 specifies that Police Services employees will be participants in a 401 pension plan administered by ICMA-RC and that the City and such employees will each contribute 8%of base salary to such plan commencing with the first pay period in 2006. Maintaining the three Community Service Officers in the GERP is not required by the collective bargaining agreement and would provide them with the windfall of a 4.5% of base salary City pension contribution in excess ofwhat other bargaining unit members are receiving. Thisresolution, if adopted, would result in all of the Community Service Officers receiving the same percentage of base salary contribution to their pension plans. BACKGROUND The City Council adopted a qualified defined benefit pension plan known as the City of Fort Collins General Employees' Retirement Plan effective January 1, 1971. Members of the GERP are eligible for a retirement benefit after five years of service with the City. The GERP has a committee that oversees the Plan. This committee, known as the General Employees' Retirement Committee("GERC"),meets monthly to discuss issues or questions from Plan members. During the GERC meeting on February 16, the issue regarding removal of the Community Service Officers from the GERP was discussed. The GERC supported the recommendation of removing the affected employees. In addition, the GERC favored providing these employees with the option of allowing them to rollover the lump sum value of their accrued benefit into the ICMA Retirement Corporation 401 (a) Money Purchase Plan. March 7, 2006 -2- Item No. 23 STAFF RECOMMENDATION Staff recommends adoption of the resolution, effectively terminating the affected Community Service Officers' active participation in the GERP. These employees will have the status of a Vested Member with an Accrued Benefit as of April 10, 2006, which means that their benefits in the GERP will be frozen as of that time. They will also have the option to rollover their accrued benefit into the Money Purchase Plan within 60 days of the effective date. RESOLUTION 2006-029 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE FOURTH AMENDMENT TO THE CITY OF FORT COLLINS GENERAL EMPLOYEES' RETIREMENT PLAN AS AMENDED AND RESTATED EFFECTIVE DECEMBER 31, 2001 WHEREAS,the City Council adopted,effective January 1, 1971,a qualified defined benefit pension plan known as the City of Fort Collins General Employees'Retirement Plan(the"GERP"), for the purpose of providing retirement benefits for certain of its employees; and WHEREAS, the City Council has amended the GERP from time to time and restated the GERP to incorporate all prior amendments and other changes required by law, effective December 31, 2001, via Section 1 of Resolution 2001-157; and WHEREAS, the City entered into a Collective Bargaining Agreement with certain police services employees as specified at section 2-618 of the City Code (the `Bargaining Unit"), which agreement provides that such employees will be participants in a 401 pension plan administered by ICMA-RC and that the City and such employees will each contribute eight percent of base salary to such plan commencing with the first pay period in 2006; and WHEREAS,three members of the Bargaining Unit,who are community service officers,are currently also participants in the GERP; and WHEREAS, maintaining these three members of the Bargaining Unit in the GERP is not required by the Collective Bargaining Agreement and would provide them with the windfall of receiving 4.5% of their base salaries as a City pension contribution in addition to the amount that other Bargaining Unit members are receiving; and WHEREAS, the City Council believes that it is equitable to remove all Bargaining Unit employees from future participation in the GERP,while preserving their vested accrued benefits in GERP or allowing them the option to roll over the lump sum value of their Accrued Benefits to the ICMA-Retirement Corporation 401(a)money purchase pension plan; and WHEREAS, Article XV, Modification or Termination of Plan, Section 2 of the GERP, authorizes the City Council to amend the terms of the GERP. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS,COLORADO,that effective April 10,2006,Article III of the CityofFort Collins General Employees' Retirement Plan is amended by adding a new Section 6 to read as follows: Section 6. Removal of Community Service Officers from the Plan. Effective April 10, 2006,the Membership of any Community Service Officer in the Plan shall terminate and such individual shall become a Vested Member with an Accrued Benefit determined as of the effective date of this termination of Membership. Such Vested Member shall, within sixty(60) days of the above stated effective date,have the option to roll over the lump sum Actuarial Equivalent value of their Accrued Benefit as of April 9,2006,into the ICMA-Retirement Corporation administered 401(a)money purchase pension plan. For this purpose,the lump sum Actuarial Equivalent value shall be determined based on the assumptions described in Article II,Section 2b,Subsection(2)(b)and Section 2b, Subsection(3)of the Plan. Upon exercising this roll over option, such Vested Member would have no further interest in the Plan and would not be entitled to any further benefits from the Plan. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of March, A.D. 2006. Mayor ATTEST: City Clerk