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Agenda 06/24/2014 Item #16E46/24/2014 16.E.4. EXECUTIVE SUMMARY Recommendation to approve and authorize County Attorney to advertise an amendment to Ordinance No. 83 — 25, as amended, to correct the name of the deferred compensation provider to Nationwide Retirement Solutions, Inc. previously known as National Association of Counties (NACo) and previously administered by Public Employees Benefit Services Corporation (PEBSCO), to approve removal of Section 2 of the Ordinance removing the advisory committee, and to include Supervisor of Elections (SOE) under the deferred compensation plans of the Board of County Commissioners. OBJECTIVE: To amend and revise Ordinance No. 83 — 25, as amended. CONSIDERATIONS: On May 31, 1983, the Board of County Commissioners adopted Ordinance No. 83 — 25, which adopted the National Association of Counties Deferred Compensation Program, designated the Public Employees Benefit Service Corporation as the plan administrator, and created a Deferred Compensation Program Committee to review plan performance and consider claims for hardship distributions (Section 2). Staff recommends amending Ordinance No. 83 - 25 to reflect the correct and current name of the National Association of Counties Deferred Compensation Program and plan administrator of Public Employees Benefit Services Corporation to Nationwide Retirement Solutions, Inc. ICMA will remain a provider. Staff further recommends removing Section 2 of Ordinance No. 83 — 25 which provided for the establishment and composition of a Deferred Compensation Program Advisory Committee. Currently and historically there is no evidence that the Deferred Compensation Program Advisory Committee was ever convened. Based on the sound financial management provided by both Nationwide Retirement Solutions, Inc. and ICMA, this section is not required. Based on a request from the Supervisor of Elections, staff recommends that the Board approve continuing to provide the Supervisor of Elections the same 457 benefits that the Board of County Commissioners currently enjoys with ICMA and Nationwide Retirement Solutions. This will alleviate the maintenance of a separate 457 plan by the SOE and provide a wider range of benefits. FISCAL IMPACT: This action will have no fiscal impact to the County. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval. — CMG GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Packet Page -1604- 6/24/2014 16.E.4. RECOMMENDATION: To approve and authorize the County Attorney to advertise an amendment to Ordinance No. 83 — 25, as amended, to correct the name of the deferred compensation provider to Nationwide Retirement Solutions, Inc. previously known as National Association of Counties (NACo) and previously administered by Public Employees Benefit Services Corporation (PEBSCO), to approve removal of Section 2 of the Ordinance removing the advisory committee, and to include the Supervisor of Elections (SOE) under the Board's Deferred Compensation Plans. Prepared By: Ofelia Tallon, Manager -- Compensation, Department of Human Resources Attachments: 1. Ordinance 2. Exhibit 1, Nationwide Letter with Name Change Acknowledgement 3. Exhibit 2, Supervisor of Elections Letter of Inclusion Packet Page -1605- 6/24/2014 16.E.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.4. Item Summary: Recommendation to approve and authorize County Attorney to advertise an amendment to Ordinance No. 83 - 25, as amended, to correct the name of the deferred compensation provider to Nationwide Retirement Solutions, Inc. previously known as National Association of Counties (NACo) and previously administered by Public Employees Benefit Services Corporation (PEBSCO), to approve removal of Section 2 of the Ordinance removing the advisory committee, and to include Supervisor of Elections (SOE) under the deferred compensation plans of the Board of County Commissioners. Meeting Date: 6/24/2014 Prepared By Name: TallonOfelia Title: Manager - Compensation, Human Resources 6/9/2014 9:41:53 AM Submitted by Title: Manager - Compensation, Human Resources Name: TallonOfelia 6/9/2014 9:41:53 AM Approved By Name: LybergAmy Title: Director - Human Resources, Human Resources Date: 6/12/2014 3:58:22 PM Name: PriceLen Title: Administrator - Administrative Services, Administrative Services Division Date: 6/12/2014 5:02:55 PM Name: PriceLen Title: Administrator - Administrative Services, Administrative Services Division Date: 6/13/2014 10:22:09 AM Packet Page -1606- Name: GreeneColleen 6/24/2014 16.E.4. Title: Assistant County Attorney, CAO General Services Date: 6/13/2014 3:57:10 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/13/2014 4:31:42 PM Name: KimbleSherry Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 6/16/2014 8:54:39 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/16/2014 1:19:59 PM Packet Page -1607- 6/24/2014 16.E.4. ORDINANCE NO. 2014 - 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 OF 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 Struok T-lwet�gl} are deleted. .y Packet Page -1608- 6/24/2014 16.E.4. 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 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 Ail! be made is available for public inspection at the one ez - e Gler-k te - the a 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 the Publie E + r � Benefit r �, y �« (PEBS 0) administer- the NAGe Def ffe �'empeas + D- Nationwide Retirement Solutions, Inc. and the ICMA vaavu vvaaaYv —a Retirement Corporation to administer the IGI� 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 Stmek Pweuo are deleted. Packet Page -1609- 9 6/24/2014 16.E.4. 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 day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA LOIR , Deputy Clerk Approved as to form and legality: &1leen M. Greene Assistant County Attorney LIZ TOM HENNING, CHAIRMAN Words Underlined are added; Words Stmek 44eu.0. are deleted. Packet Page -1610- 6/24/2014 16.E.4. Nationwide! Retirement Solutions On Your Side' May 15, 2014 Ofelia Tallon Collier County Board of County Commissioners 3299 Tamiami Trail East Naples, FL 34112 Re: Nationwide Retirement Solutions Dear Ms Tallon: Nationwide Retirement Solutions (Nationwide) has been serving the public sector since 1973 providing superior retirement planning services including education, administration and products to public sector employees. In March 1999, Nationwide, in order to represent our dedication to bringing retirement solutions to serve the business needs of plan sponsors and participants alike, changed our name from PEBSCO to Nationwide Retirement Solutions. I hope that this satisfactorily responds to your concerns. If we can be of further service, please contact us at 1- 877 - 496 -1630 between the hours of 8:30 a.m. and 8:00 p.m. Eastern Time. Sincerely, Samuel Brown Relationship Consultant Nationwide Retirement Solutions Cc: E. Thompson, Program Director Nationwide Retirement Solutions 10 W Nationwide Blvd. Columbus OH 43215 Packet Page -1611- 6/24/2014 16.E.4. JENNIFER 1. EDWARDS SUPERVISOR OF El FCTIONS June 4, 2014 Board of County Commissioners Collier County Government Complex 3299 Tamiami Trail East, Suite 303 Naples, Fl. 34112 Dear Commissioners, For the past several years, the Supervisor of Elections Office has unofficially been participating in 457(b) Deferred Plans as offered by Nationwide and IMCA to the Board. Therefore, the purpose of this letter is to inform you that the Supervisor of Elections Office Nvislies to officially participate in the 457{b) Deferred Plans as offered by ' atiomv'de and IMCA to the Board effective immediately. Should you have any questions or require additional information, please feel free to contact me directly. Sincerely. Jennifer J. Ed,, arils SL1j)C1-ViSO1- Of Election, Cc: .,"ony Lyberg. 1 Itiman Resources Director � Z:� OF F4 OFFCM& ME Rev Dr Martin Luther King Jr Building • Collier Government Complex - 3295 -Tamiiarni Tr! E supf"Mm CF Winp- F1 34 i72.5i58 G,�ELECroa Telephone: ', Packet Page -1612- /774-9468 Y F