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Agenda 01/13/2009 Item #16E 3Agenda Item No. 16E3 January 13, 2009 Page 1 of 3 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners recognize the receipt of a check for $501.25 from Nationwide Retirement Solutions and authorize the Human Resources Department to include the $501.25 in its budget for FY 2009 to use to offset some of the expenses already incurred for the Retirement and Savings Fair held on November 20, 2008. OBJECTIVES: To accept a check from Nationwide Retirement Solutions in the amount of $501.25 following a settlement of an administrative proceeding by the Securities and Exchange Commission (SEC) and to recognize that amount as revenue and add that amount to the Human Resources budget for FY 2009. This amount will be used to offset some of the expenses already incurred for the Retirement and Savings Fair held on November 20, 2008. CONSIDERATIONS: The County offers employees the opportunity to save for their retirement through the deferred compensation program. Employees may elect to participate in programs offered by Nationwide Retirement Solutions and ICMA -RC. On March 31, 2004, the financial services firm, Massachusetts Financial Services (MFS), settled an administrative proceeding with the SEC regarding certain practices in connection with the sales of certain MFS funds which are part of the investment choices provided to the County's participants in the deferred compensation program offered by Nationwide Retirement Solutions. A Settlement Fund was established as a result of the SEC administrative action to compensate investors determined to be harmed by late trading and other harmful market activity from September 1, 1999 through October 31, 2003. With the approval of the SEC, a distribution plan was developed by an independent consultant to determine how payments would be made from the Settlement Fund. The final distribution plan recognizes that, in trying to identify and distribute recovery amounts to individual participants of the Plan, plan sponsors such as the County might incur expenses far greater than the recovery amount ($501.25) itself. Therefore, the distribution plan contains a "safe harbor" method of distribution that pennits plan sponsors to apply the recovery dollars against the general expenses of the plan. On November 20, 2008 the County's Human Resources Department sponsored a Retirement and Savings Fair which was attended by over one hundred and fifty (150) employees. One of the vendors participating at the Fair represented Nationwide Retirement Solutions. The expenses incurred by Human Resources for the fair exceeded $2,000 for the rental of the facility, food, soft dunks, giveaways and materials used to publicize the Fair. In addition, significant labor costs were incurred by Human Resources employees who staffed the event. Therefore, it is recommended that the check for $501.25 be recognized as revenue to Human Resources and added to the Human Resources budget for FY 2009 to be used to offset some of the expenses of the Retirement and Savings Fair. ', enda Itam No. 16E3 - January 13, 2009 Page 2 of 3 LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. This item is not quasi judicial, and as such ex parte disclosure is not required. This item requires majority vote only. This item is legally sufficient for Board action. - CMG FISCAL IMPACT: The results of this action will add $501.25 to the Human Resources budget for FY 2009. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of Commissioners recognize the receipt of $501.25 from Nationwide Retirement Solutions and add the S501.25 to the Human Resources budget for FY 2009 through the associated budget amendment. PREPARED BY: Donald B. Albonesi, Manager — Compensation, Human Resources Department Page ] of 1 Agenda Item No. 16E3 January 13, 2009 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E3 Item Summary: Recommendation that the BCC recognize the receipt of a check for $501.25 from Nationwide Retirement Solutions and authorize HR to include the $501.25 in its budget for FY 2009. Meeting Date: 1/13/2009 9:00.00 AM Prepared By Donald Albonesi Compensation Manager Date Administrative Services Human Resources 12/8/2008 8:43:47 AM Approved By Donald Albonesi Compensation Manager Date Administrative Services Human Resources 12/8/2008 8:43 AM Approved By Amy Lyberg Employment Operations Manager Date Administrative Services Human Resources 12/8/2008 2:01 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 12 ?9;2008 5:29 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 12i1812008 1:34 P10 .Approved By Jeff Klatzkow, Assistant County .Attorney .,a. County Attorney County Attorney Office 12/2212008 8:13 AM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 12122/2008 1:20 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12124/2008 4S8 PM file: / /C:AAeeiidaTest \Exuol-t\12]- Jaiivarv%2013. %202009\ 16.%r30('0NS1:.NT %20AGF.N I)A \_. 1/70009