Backup Documents 07/08/2014 Item #16E 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TIO E 6
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. County Attorney's Office County Attorney's Office CMG
VW5/\ 1 kcAV,k
3. BCC Office Board of County
Commissioners T\, %.// / -ZIk N ky
4. CMO Office County Manager's Office
5. Minutes and Records Clerk of Court's Office ,,, „ / (/ (�
PRIMARY CONTACT INFORMATION ��/
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Ofelia Tallon err.-,'-Z -c-cs Phone Number 252-8715
Contact/ Department
Agenda Date Item was July 8,2014 Agenda Item Number
Approved by the BCC \.1..,-- _."-(o
Type of Document esolution and Plan Documents Number of Original 3
Attached �j() lo 1t4-14Q7 —YoN\ , Documents Attached
PO number or account
number if document is Y\/ _,
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? Yes c,
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. GN-A.C,
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed C— �
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's.
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the fmal negotiated contract date whichever is applicable. GN-W..
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain CS--1■.0
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 07/08/2014 and all changes made during
the meeting have been incorporated in the attached document. The County Cirkco ,
Attorne 's Office has reviewed the chances,if a s s licable.
9. Initials of attorney verifying that the attached document is the version approved by the G---.4
BCC,all changes directed by the BCC have been made,and the document is ready for e �,c
Chairman's signature. `V `V
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RESOLUTION NO. 2014-14 8
A RESOLUTION APPROVING THE ADDITION OF AN AFTER-TAX
ROTH CONTRIBUTIONS OPTION TO THE 457 PLAN AGREEMENTS
WITH ICMA-RC AND NATIONWIDE RETIREMENT SOLUTIONS, INC.
WHEREAS, Collier County Government desires to be an employer of excellence; and
WHEREAS, Collier County Government has employees rendering valuable services; and
WHEREAS, the addition of a ROTH option to existing 457 plans will provide Collier
County an additional resource to attract, retain and motivate employees; and
WHEREAS, the Human Resources Department recommends adding the ROTH
contributions option to the 457 Plan Agreement with ICMA-RC and Nationwide Retirement
Solutions, Inc., for the benefit of all employees under the Board of County Commissioners of
Collier County Government and Supervisor of Elections; and
WHEREAS, the option will provide the Collier County employees an additional resource
and flexibility in their retirement planning;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Collier County Board of County Commissioners approves amending its Agreement
with Nationwide Retirement Solutions, Inc. and ICMA-RC plans to permit the 457 Roth after-
tax contribution option through payroll deductions.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT.Et BROOK CLERK COLLIER COUNTY, FLORIDA,
•
•
t as to Chairman's , D e.,f lerk TOM HE ING,/ AIRMAN
signature only.
Approved as to form and legality:
Item# (v L°
Colleen M. Greene
Assistant County Attorney Agenda
Date
Date i 141
cd
D iuty le
16E 6 .
• STATEMENT OF INTENT TO ADD ROTH PROVISIONS TO
ICMA-RC's 457 GOVERNMENTAL DEFERRED COMPENSATION PLAN&TRUST
Plan Number: 30 3 °2 O 1 nn �g
Name of Employer: bORl1 D OF L D U /e" C o✓4)T 60 vexi."l-e/'r State: it
Employer Intention
The Employer intends to offer the Roth Provisions described in the ICMA Retirement Corporation Governmental
457 Deferred Compensation Amendment to Add Roth Provisions,which added Article X to the 1CMA-RC 457
Governmental Deferred Compensation Plan&Trust(°ICMA-RC Roth Amendment").
II. Employer Instructions Regarding Plan Administration
The Employer instructs ICMA-RC to begin administering the Roth Provisions as of the Effective Date of this
statement of intent.
III. Effective Date
This statement of intent shall be effective as of the date when ICMA-RC advises that the Roth Provisions are
operational or the date specified below,whichever is later.
i( J l 4 (date)
IV. Employer Signature
NAME OF OFFICIAL PLAN COORDINATOR(PLEASE PRINT):
Leo E . O c f/S,S2 •
SIGNATURE:
(.r'�"CJ
TITLE: L.DUNrri /gyp/✓ -
TELEPHONE NUMEER: 023/! 9383
DATE: 0 " I I if
EMAIL ADDRESS: Lee Och S d. L PLc...e. 0/. nc4
A copy of the completed statement of intent should be returned to ICMA-RC(retain the original for your records):
Fa:to: OR Mail tot
202-962-4601 ICMA-RC
ATTN:NBU Analyst ATTN:NBU Analyst
777 North Capitol Street,NE
Washington,DC 20002-4240
ved as to fo and legality
X01/ I I
Assistant Coun Attorney
5
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ROTH CONTRIBUTION AMENDMENT
TO THE DEFERRED COMPENSATION PLAN FOR PUBLIC EMPLOYEES
457 GOVERNMENTAL PLAN AND TRUST
PREAMBLE
•
1.1 Adoption and effective date of amendment.The Employer adopts this Amendment to reflect Code
Section 402A,as amended by the Small Business Jobs Act of 2010("SBJA").This Amendment is
intended as good faith compliance with the requirements of Code Section 402A and guidance issued
thereunder,and this Amendment shall be interpreted in a manner consistent with such guidance.This
Amendment shall be effective as of the date selected below.
1.2 Eligible governmental 457 plan. The Employer is an eligible• employer as defined in Code
§457(eX 1)(A).
1.3 Supersession of inconsistentprovisions.This Amendment shall supersede the provisions of the Plan to
the extent those provisions are inconsistent with the provisions of this Amendment.
ARTICLE II
ADOPTION AGREEMENT ELECTIONS
2.1 Effective Date. Designated Roth Contributions are permitted under the Plan as of the date this
Amendment is executed below,which is no earlier than January 1,2011.
2.2 Unforeseeable emergency.If the Plan permits distributions of Elective Deferrals on account of an
unforeseeable emergency, Designated Roth Contributions may be withdrawn on account of an
unforeseeable emergency subject to the same qualifications that apply to Pre-tax Elective Deferrals.
ARTICLE III
DESIGNATED ROTH CONTRIBUTIONS
3.1 Designated Roth Contributions are permitted.The Plan's definitions and terms shall be amended as
follows to allow for Designated Roth Contributions as of the Effective Date. Designated Roth
Contributions shall be treated in the same manner as Deferral Contributions for all Plan purposes
except as provided in Article II of this amendment.The Employer may, in operation, implement
deferral election procedures provided such procedures are communicated to Participants and permit
Participants to modify their elections at least once each Plan Year.
3.2 Deferral Contributions. The Plan's definition of Deferral Contributions at Section 1.08 is deleted and
replaced as follows: "Deferral Contributions"means Salary Reduction Contributions,Nonelective
Contributions,Matching Contributions and Designated Roth Contributions. The Employer or the
Administrative Services Provider(if applicable)in applying the Code§457(b)limit will take into
account Deferral Contributions in the Taxable Year in which contributed. The Employer or
Administrative Services Provider(if applicable)in determining the amount of a Participant's Deferral
Contributions disregards the net income,gain and loss attributable to Deferral Contributions.
3.3 Salary Reduction Contributions. The Plan's definition of Salary Reduction Contributions at Section
1.27 is deleted and replaced as follows: "Salary Reduction Contributions "means a Participant's
Elective Deferrals which are not includible in the Participant's gross income at the time deferred and
have been irrevocably designated as Salary Reduction Contributions by the Participant in his or her
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Roth Amendment Page I of 3
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deferral election.A Participants Salary Reduction Contributions will be separately accounted for,as
will net income, gain or loss, attributable to those Salary Reduction Contributions. All Deferral
Contributions prior to this amendment are Salary Reduction Contributions.
3.4 Designated Roth Contributions. "Designated Roth Contributions" means a Participant's Deferral
Contributions that are includible in the Participant's gross income at the time deferred and have been
irrevocably designated as Designated Roth Contributions by the Participant in his or her deferral
election.A Participant's Designated Roth Contributions will be separately accounted for,as will gains
and losses attributable to those Designated Roth Contributions. However, forfeitures may not be
allocated to such account.The Plan must also maintain a record of a Participant's investment in the
contract(i.e.,designated Roth contributions that have not been distributed)and the year in which the
Participant first made a Designated Roth Contribution.
3.5 Distribution Rule. Withdrawals (including, but not limited to, withdrawals on account of an
unforeseeable emergency)from Participant's accounts may be directed by the Participant from either
Salary Reduction Contributions,Designated Roth Contributions or pro rata from Salary Reduction
Contributions and Designated Roth Contributions.
3.6 Corrective distributions attributable to Designated Roth Contributions.For any Plan Year in which a
Participant may make both Designated Roth Contributions and Salary Reduction Contributions,the
corrective distribution from the Participant's accounts will be taken pro rata from a Participant's
Salary Reduction Contributions and Designated Roth Contributions.Furthermore,such procedure may
permit the Participant to elect which type of Deferral Contributions shall be distributed first.
3.7 Loans. If Participant loans are permitted under the Plan,the loan policy or program is amended to
provide the ability by a Participant to borrow from,or use as security,a Participant's Designated Roth
Contribution account. Additionally, the loan policy or program is modified to provide that, with
respect to the default of a loan which is attributable to Salary Reduction Contributions and Designated
Roth Contributions,such default will be attributed to the Participants Salary Reduction Contribution
and Designated Roth Contribution accounts on a pro rata basis.
3.8 Rollovers.A direct rollover of a distribution from Designated Roth Contributions shall only be made
to a Plan which includes Designated Roth Contributions as described in Code Section 402A(exl)or to
a Roth IRA as described in Code Section 408A,and only to the extent the rollover is permitted under
the rules of Code Section 402(c).
3.8.1 The Plan shall accept a rollover contribution of Designated Roth Contributions only if it is a
direct rollover from another Plan which permits Designated Roth Contributions as described in Code
Section 402A(e)(1)and only to the extent the rollover is permitted under the rules of Code Section
402(c). The Employer, operationally and on a uniform and nondiscriminatory basis, may decide
whether to accept any such rollovers.
3.8.2 The Plan shall not provide for a direct rollover (including an automatic rollover) for
distributions from a Participant's Designated Roth Contribution account if the amount of the
distributions that are eligible rollover distributions are reasonably expected to total less than 5200
during a year.In addition,any distribution from a Participant's Designated Roth Contributions are not
taken into account in determining whether distributions from a Participant's other accounts are
reasonably expected to total less than $200 during a year. Furthermore, the Plan will treat a
Participant's Designated Roth Contribution account and the Participant's other accounts as held under
two separate plans for purposes of applying the automatic rollover rules.However,eligible rollover
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Roth Amendment Page 2 of 3
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distributions of a Participants Designated Roth Contributions are taken into account in determining
whether the total amount of the Participant's account balances under the Plan exceed the Plan's limits
for purposes of mandatory distributions from the Plan.
3.9 Operational Compliance. The Plan and the Administrative Services Provider will administer
Designated Roth Contributions in good faith with applicable regulations or other binding authority not
reflected in this amendment. Any applicable regulations or other binding authority shall supersede any
contrary provisions of this Amendment
This Amendment has been executed and effective this day of 20 iq-.
i 1
�
By: �� OP .
Signature L t o o'. a ,cr/t.
�
Title: C4c>V r1{ 11ii0.h•
Name of Plan.: 80 114 0 OF e0 wt-*CA. W v.JY-!t lnoi
Plan Number: ev,3 73 Pd D I
Approv • as to form and legality
Vic _l, Il i . 14 ,:►1 ll __-0
Assistant County stormy
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