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Agenda 07/08/2014 Item #17H7/8/2014 17.H. EXECUTIVE SUMMARY Recommendation to approve 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 compensation plans of the Board of County Commissioners. OBJECTIVE: To amend and revise Ordinance No. 83 — 25, as amended, following advertisement. 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). This amendment will amend 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. The amendment will remove 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. The amendment will also include that the Board will continue to provide the same 457 benefits that the Board of County Commissioners currently enjoys with ICMA and Nationwide Retirement Solutions to the Supervisor of Elections employees. This amendment is at the request of the Supervisor of Elections. This will alleviate the maintenance of a separate 457 plan by the SOE and provide a wider range of benefits. On June 24, 2014, the Board approved advertising this Ordinance for subsequent approval. The Ordinance has been duly advertised and is ready for approval and adoption. 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 -2684- 7/8/2014 17.H. RECOMMENDATION: For the Board to approve 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 compensation plans of the Board of County Commissioners. Prepared By: Ofelia Tallon, Manager — Compensation, Department of Human Resources Attachments: Ordinance Exhibit 1, Nationwide Letter with Name Change Acknowledgement Exhibit 2, Supervisor of Elections Letter of Inclusion Exhibit 3, proof of publication Packet Page -2685- 7/8/2014 17.H. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.H. Item Summary: Recommendation to approve 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 compensation plans of the Board of County Commissioners. Meeting Date: 7/8/2014 Prepared By Name: TallonOfelia Title: Manager - Compensation, Human Resources 6/18/2014 7:44:35 AM Submitted by Title: Manager - Compensation, Human Resources Name: Ta1- lonOfelia 6/18/2014 7:44:36 AM Approved By Name: pochopinpat Title: Administrative Assistant, Administrative Services Division Date: 6/23/2014 4:28:15 PM Name: LybergAmy Title: Director - Human Resources, Human Resources Date: 6/24/2014 8:15:50 AM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 6/25/2014 9:11:11 AM Packet Page -2686- 7/8/2014 17.H. Name: PriceLen Title: Administrator - Administrative Services, Administrative Services Division Date: 6/25/2014 5:56:42 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/26/2014 4:18:49 PM Name: KimbleSheny Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 6/27/2014 1:32:34 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 7/1/2014 10:54:00 AM Packet Page -2687- 7/8/2014 17.H. 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 Struak Tlweagh are deleted. .. . � ., (!D Packet Page -2688- 7/8/2014 17.H. 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 pie -(N4Ge) 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 Offlee of the Gler-k te 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 the Publie Employees Benefit Sen; / i.,va ut avi (PE9890) ..am____._ the Nationwide Retirement Solutions, Inc. and the ICMA Retirement Corporation to administer the IGMA 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 Sett ettgh are deleted. Packet Page -2689- 9 7/8/2014 17.H. 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 M- , Deputy Clerk Approved as to form and legality: lleen M. Greene Assistant County Attorney Mot TOM HENNING, CHAIRMAN Words Underlined are added; Words Stmek T4eugb are deleted. D-1 ^ir 1 Packet Page -2690- 7/8/2014 17.H. IjNationwide! 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. 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 -2691- kRirJENNIFER]. EDWARDS SUPERVISOR OF ELECTIONS June 4, 2014 Board of County Commissioners Collier County Government Complex 3299 Tarniami Trail East, Suite 303 Naples, Fl. 34112 Dear Commissioners, 7/8/2014 17.H. 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 wishes to officially participate in the 457(b) Deferred Plans as offered by Nationwide and IMCA to the Board effective immediately. Should you have any questions or require additional information, I , please feel free to contact me directly. Sincerely. Jennifer J. Edwards Supen!isor of Elections Cc: Amy Lyberg, Fluman Resources Director 0 ;Is C"Ok Rev Dr Martin Luther King Jr Building • Collier Government Complex - 3295 Tamiami TO E SPIR%1" GF N;3nlpr, FL 34112-5758 Telephone: - Packet Page - 2692 - !774-9468 NOTICE OF INTENT T , °'CONSIDER ORDINANCE 7/8/2014 17.H. s v r r a g s 8T=l r s - r ! ! ■ - ■ . r - M a ++�' # � � � # +� ♦ t ' is � a # it to dC ! +� - � r. "' � b :r. fit! . b ^ k # ■ ip ... w 0 r lk MGM,f-BROCK, CLERK, JU60,2V2G14- Packet Page -2693- s w r e 7/8/2014 17. H . NAPLES DAILY NEWS (( Friday, June 27,-2014 a 19D • • E, Ill) • NOTICE OF INTENT TO CONSIDER ORDINANCE Notice -is hereby given that on Tuesday, July 8, 2014, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, 34112, the Collier County Board of County Commissioners will consider the enactment of a County ordinance. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: 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. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard, NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged.. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item, Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written material intended to be considered by the Board shall be In to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedm s pertaining thereto and therefore, may need to ensure a verbatim record ofg the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person .with a disability who needs any accommodation in order to participate in this proceeding, you are -entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101., Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Packet Page -2694-