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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