Ordinance 2014-31 ORDINANCE NO. 2014 - 31
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 83-25,
AS AMENDED, BY MODIFYING SECTION 1, "DEFERRED
COMPENSATION PROGRAMS," TO CORRECTLY IDENTIFY THE
CURRENT PROGRAMS AND TO INCLUDE THE SUPERVISOR OR
ELECTIONS, AND BY DELETING SECTION 2, "PROGRAM
COMMITTEE," IN ITS ENTIRETY; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on May 31, 1983, the Board of County Commissioners (Board) enacted
Ordinance No. 83-25, which adopted the National Association of Counties Deferred
Compensation Program, designated the Public Employees Benefit Services Corporation as the
plan administrator, and created a Deferred Compensation Program Committee to review plan
performance and consider claims for hardship distribution; and
WHEREAS, through adoption of Ordinance No. 89-48, the Board added the International
City Management Association "Retirement Corporation" Program as a deferred compensation
program for County employees; and
WHEREAS, it is necessary to update Ordinance No. 83-25, as amended, in order to
reflect the current names of the programs and plan administrator listed above, and delete Section
2 which established the Program Committee; and
WHEREAS, the Collier County Supervisor of Elections ("SOE") has requested that the
Collier County Board of County Commissioners authorize the SOE Employees to participate in
the Board of County Commissioners' 457 Retirement Programs; and
WHEREAS, the Board of County Commissioners, through its Human Resources
Department, has reviewed the request with the County's providers, ICMA and Nationwide
Retirement Services, and both the County and the providers have agreed to accommodate this
request.
Words Underlined are added; Words Struck Through are deleted.
Page 1 of 3
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION 1 OF ORDINANCE NO. 83-25, AS
AMENDED.
Section 1 is hereby amended to read as follows:
SECTION 1. Deferred Compensation Program.
A. The Board of County Commissioners hereby adopts the National Association of
Counties (NACo) Nationwide Retirement Solutions, Inc. Deferred Compensation Program and
the International City Management Association "Retirement Corporation" (ICMA "RC")
Program and hereby establishes for itself the Collier County, Florida, Deferred Compensation
Plan for the voluntary participation of all eligible County officials and employees including the
Supervisor of Elections' employees. The program "Deferred Compensation Plan for Public
Employees" and "Administrative Service Agreement" documents are hereby incorporated into
and made a part of this section by this reference. Further, the International City Management
Association "Retirement Corporation" Program, the Declaration of Trust of ICMA Retirement
Trust, the Trust Agreement with the ICMA Retirement Corporation are hereby approved and
incorporated into and made a part of this ordinance by reference. A copy of these program
documents will be made is available for public inspection at the Office of the Clerk to the Board
Human Resources Department. These programs are entered into with the understanding that,
other than the incidental expenses of collecting and disbursing of the employees' deferrals and
other minor administrative matters, there will be no cost or contribution by the County to the
Programs.
B. The Board of County Commissioners of Collier County, Florida, hereby
designates -- ' . , • - - . . - -- _ • - .. I - :_ ! .. - -• - --
NACo Deferred Compensation Program Nationwide Retirement Solutions, Inc., and the ICMA
Retirement Corporation to administer the ICMA "RC" each Deferred Compensation Program on
behalf of Collier County.
C. The County Administrator or his designee is hereby authorized to execute, on
behalf of the Collier County, individual participation agreements with each employee requesting
to participate in the deferred compensation programs.
Words Underlined are added; Words Struck T—r hr-ough are deleted.
Page 2 of 3
SECTION TWO: DELETION OF SECTION 2 OF ORDINANCE NO. 83-25, AS
AMENDED.
Section 2 of Ordinance No. 83-25, as amended, is hereby deleted in its entirety.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by a vote of a majority of the Board of County
Commissioners of Collier County, Florida, this A- - day of _0\■..\ , 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. t,3igp.CK, CLERK COLLIER CO Y, FLORIDA
111,„„L.1 )›. B :
Attest as to 10300, Clerk TOM HENNING, i3 AIRMAN
Signature only
This ordinance filed with the
Approved as to form and legality: Secretorlr of State's Offe
O I I l I / hday of _J,._V -- ``LLUV 1
and acknowledgernent,{��f that
Colleen M. Greene filin• r ceived his _.l!'day
Assistant County Attorney of -ot —
By
Words Underlined are added;Words Struck Through are deleted.
Page 3 of 3
Yi
FLORIDA DEPARTMENT of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 14, 2014
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2014-31, which was filed in this office on July 14, 2014.
Sincerely,
Liz Cloud
Program Administrator
LC/mrh
Enclosure
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us