Agenda 06/23/2009 Item #16E 3
Agenda Item No. 16E3
June 23, 2009
Page 1 of 19
EXECUTIVE SUMMARY
Recommendation to approve the International City/County Management
Association-Retirement Corporation (ICMA-RC) recommended default
amendments to Collier County's current agreement with ICMA-RC that provides a
deferred compensation plan to County employees.
OBJECTIVE: To gain approval from the Board of County Commissioners to approve
amendments to the County's current agreement with ICMA-RC that provides a deferred
compensation plan to County employees.
CONSIDERATIONS: The County currently provides employees with the opportunity to save for
their retirement through a deferred compensation plan offered by International City/County
Management Association-Retirement Corporation (ICMA-RC). This plan is commonly known as
a "457 plan," to cite the section of the IRS code that provides for the offering of such a plan,
ICMA-RC has recommended certain changes to the Plan Document needed to adopt the
updated ICMA-RC 457 Governmental Deferred Compensation Plan & Trust Basic Document,
and the Amendment for legislative and regulatory changes made after the Economic Growth
and Tax Relief Reconciliation Act of 2001 (EGTRRA), including the Pension Protection Act of
2006 (PPA) through the following Articles:
· 2.01 - Incorporates relevant provisions of the Pension Protection Act of 2006, which
became law on August 17, 2006,
· 2.02 - Provide plan notification guidelines for the plan administrator (ICMA-RC) when
distributions are scheduled to begin.
. 2.03 - Provides the ability for a non-spouse beneficiary to rollover an account.
Currently it is optional, however. will become mandatory effective December 21, 2009.
· 2,04 - Provides the ability for eligible participants to receive emergency withdrawals
where the emergency impacts the Primary Beneficiary,
· 2,05 - Provides the option to allow for eligible retired public safety officers (for Collier
County that would include Firefighters and Paramedic/Firefighters) to withdraw tax-
free up to $3000.00 annually for the payment of premiums for health and long term
care insurance. Board will accept the ICMA-RC default which is to not offer this
option. No action required.
· 2,06 - Provides the ability for eligible rollover distributions to be rolled-over directly to
a Roth IRA.
· 3.01 - 3.03 -- While these articles have been applied to the plan they do not impact
Collier County since the impacted areas are those related to the 2008 Midwestern
severe storms, tornadoes and flooding.
· 4,01 - The Workers, Retiree, and Employer Recovery Act of 2008 (WRERA) which
became law on December 23. 2008, suspends the required minimum distributions for
members 70 % or older for 2009. It is possible that the suspension of the required
minimum distributions will be extended for 2010. This article eliminates the need to
amend the plan in 2010 should the suspension of the minimum distribution be
extended.
· 5.01 - 5.03 - This Article incorporates the relevant provisions of Katrina Emergency
Tax Relief Act of 2005 (KETRA) and Gulf Opportunity Zone Act of 2005 (GOZA), In
-
Agenda Item No. 16E3
June 23, 2009
Page 2 of 19
general, it permits plans to allow repayments of certain prior qualified distributions for
Participants affected by Hurricanes Katrina, Wilma, and/or Rita.
Staff recommends approval of these changes since they provide more flexibility to employees in
accessing their ICMA-RC contributions and in some cases are required by law. Per instructions
from ICMA-RC no action or forms are required to be filed by Collier County in order to accept
the changes.
While ICMA-RC does not require any formal action when the Board chooses the default options,
as several default options have changed in the last several years, staff brings this report for the
Board's information.
The attachments show the detail of the Plan and Trust and of the amendment implementation
process.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL RECOMMENDATION: This item is not quasi-judicial, no ex parte communication is
required, requires majority vote, and is legally sufficient for Board action--CMG
RECOMMENDATION: That the Board of County Commissioners approves the amendments to
the County's current agreement with ICMA-RC that provides a deferred compensation plan to
County employees.
PREPARED BY: Ofelia Tallon, Interim Manager - Compensation, Department of Human
Resources
Page 1 of 1
Agenda Item No. 16E3
June 23, 2009
Page 3 of 19
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E3
Meeting Date:
Recommendation to approve the ICMA-RC recommended default amendments to Collier
Countys current agreement with ICMA-Retirement Corporation (ICMA-RC) that provides a
deferred compensation plan to County employees.
6/23/2009900:00 AM
Prepared By
Ofelia Tallon
Training Coordinator
Human Resources
Date
6/4/200911:38:50 AM
Administrative Services
Approved By
Colleen Greene
County Attorney
Assistant County Attorner
County Attorney Office
Date
6/4/2009 11 :55 AM
Approved By
Amy Lyberg
Employment Operations Manager
Date
Administrative Services
Human Resources
6/4/20093:34 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
6/9/2009 5:02 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
6/10/2009 1: 27 PM
Approved By
Laura Davisson
Management & Budget Analyst
Office of Management & Budget
Date
County Manager's Office
6/11/200910:20 AM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
County Attorney Office
Date
6/12/2009 11 :35 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
6/16/200910:24 AM
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Agenda Item No. 16E3
June 23, 2009
Page 4 of 19
ICMARC'
Building Retiremn:t Security
457 DEFERRED COMPENSATION PLAN
DOCUMENT IMPLEMENTATION PACKAGE
TABLE OF CONTENTS
Attachment
p~
Introduction.. ... .......... .... .......................... ...... ..... ........ ............................. .............. ......... .................. ....... ......2
A. Suggested Implemt:ntation Steps ........,... .........,........... ............. ............... ...., ......... ...... ...... ......... .., ........... 3
B. Highlights of ()ptional Provision.~..... ........ ,............ ................ ...... ............. ........ ......... .... ................ ...,......4
C. Surn mar)' of Changes....... ,.... ....................................... .......,................... .... ....., .......... ................ ............. 5
D. Questions and Answers ........ ...... .................. ........ ........................... ,... ...,.. ,..... ........ .......... ...... .................7
E. Optional Provision Election Form ........ ......................... .... ......,................................................... .......... 10
F. Instructions for Employers j\dopting lC~1A-RC's Plan DocumelU and Amendment.............................!!
G. Instructions for Employt:rs Using an Individually-Designed Plan Documem.........................................12
H. Statement of Iment and Amendment to an Individually-Designed Phn Documenr...............................13
1. Suggested Affirmative Statement for Amending a Deferred Compensation Plan ....................................15
J. Suggc$ted Resolution for a Legislative Body Relating to Amending a Qualified Retirement Plan ...........16
5/2009 ICMA RETIREMENT CORPORATION. 777 NORTH CAPI10l STREET, NE. WASHINGTON, DC 20002.4200 · 800.326-7272 · www.icmarc.org
Agenda Item No. 16E3
June 23, 2009
Page 5 of 19
INTRODUCTION
This packet is designed to provide you with the information you need to adopt the updated ICMA-
RC 457 Governmental Deferred Compensation Plan & Trust Basic Document, and our Amendment for
Post~EGTRRA Legislative and Regulatory Changes (hereafter referred to collectively as the "amended
plan document"). Please review the information carefully to ensure you are familiar with the available
options and determine if any action is required by your plan,
Negative Election Adoption Process
The negative election adoption process enables most employers using the ICMA-RC plan document
to adopt the amended plan document without taking any formal action. Employers taking advantage
of the negative dection adoption process will automatically adopt the amended plan document on
July 15,2009.
Additional instructions are outlined in Attachment F on page 13 for employers adopting leMA-RC's
amended plan document who:
· Intend to change a previous election with respect to an optional provision, and/or
· Are required by their legislative body or plan administrative committee to take formal action
to adopt the amended plan document,
Individually-Designed Plan Documents
If your plan uses an individually-designed plan document, the negative dection adoption process does
not apply to your plan. Please check with your plan's legal counsel to ensure that your document is
updated for legislative and regulatory changes in a timdy fashion. Attachment G on page 14 provides
instructions for incorporating any of the available optional provisions into your plan by either
amending your existing plan document or adopting ICMA-RC's amended plan document,
Optional Provisions
The optional provisions described within this packer were originally introduced to employers in 2007.
Any elections you made previously with respect to these provisions will remain in effect, unless you
request a change by completing the applicable election form referenced above (Attachment E on page
12 for employers using ICMA-RC's plan document, and Attachment H 011 page 15 for employers
using an individually designed plan),
Adoption Made Easy
We hope you find that the information in this packet makes the adoption process very
straightforward and easy for your plan. If you have any questions regarding the amended plan
document, the information in this packet, or the adoption process, please Contact your Client Services
Team toll-free at 800-326-7272,
2
Agenda Item No. 16E3
June 23, 2009
Page 6 of 19
ATTACHMENT A
SUGGESTED IMPLEMENTATION STEPS
fOR ADOPTING THE ICMA-RC 451 DEFERRED COMPENSATION PLAN DOCUMENT
AND AMENDMENTS
We have made the adoption of the lCMA-RC amended plan document as easy as possible. If, after reviewing the
enclosed information. you have any questions regarding the adoption process. please contact your Client Services
Team toll-free at 800-326-7272 for assistance.
If you currently use ICMA-RC's 457 deferred compensation plan document. please refer to Attachment F on
page 11 for instructions on adopting the amended plan document.
If you currently use an individually-designed plan document, please refer to your own plan document and
Attachment G on page 12 for instructions on amending your existing plan document (if you choose to do so).
..IMPORTANT NOTE"
If you intend to adopt the amended plan document with no changes, you do not need to notify or rerum any
documents to ICMA-RC. The amended plan document will be deemed to be adopted by you as of July 15, 2009.
unless you a) notify ICMA-RC otherwise, or b) use an individually-designed plan document.
The following steps can be followed to streamline your adoption of the amended plan document:
Step 1: Review the amended plan document and related materials.
Step 2: Review the optional provisions included in the amended plan document (see "Highlights of
Optional Provisions" on page 4),
Step 3: Determine whether any formal action is required by your legislative body andJor plan
administrative committee to adopt the amended plan document, If formal action is required
to adopt the amended plan document, please refer to Attachment I a.nd Attachmenr J provided on
pages 15 and 16, respectively.
Step 4: Complete the applicable election form if vall intend to change a previous election with respect
to the available optional provisions.
Step 5: Return any applicable documents to ICMA-RC:
Fax to: 202-682-6439
Attn: NBU Analyst
OR
Mail to: ICMA-RC
Attention: New Business Analyst
717 North Capitol Street, NE
Washington, DC 20002-4240
3
Agenda Item No. 16E3
June 23, 2009
Page 7 of 19
The following information highlights the optional provisions included in the amendment. The below provisions were
origina.lIy made available to employers in 2007. and your previous elections will remain in effe~ unless you request that
they be changed by executing the Optional Provision Election Form on page 10 (or Attachment H on page 13 for plans using an
individually-designed plan document).
ATTACHMENT B
HIGHLIGHTS Of OPTIONAL PROVISIONS
2009 LEGISLATIVE AND REGULATORY CHANGES AMENDMENT (U'fHE AMENDMENT')
1. Tax-free withdrawals of up to $3,000 annually for the payment of qualif}ing insurance premiums for eligible
retired public safety officers
Offering this provision in your plan allows eligible retired puhlic safety officers LO withdraw up to $3,000 annually tax-free
for the payment of qualifYing insurance premiums (including payments to self-insured plans).
Default Election: This provision was not made available to your plan by default when it was originally imroduced
in 2007, and is not currently offered in your plan unless you requested in writing that it be made
available.
Required Action: If you want to offer this provision in your plan going forward, or would like to change your previous
eleerion, you should execute the Optional Provision Heaion Form on page 10 of this packet (or
Attachment H on page 13 for employer:; using an individually-designed plan document).
2. RoUovers by non-spouse beneficiaries to an Inherited IRA
Offering this provision in your plan allows non-spouse bene6ciaric:s (e.g., child, domestic parmer) to rollover their
inherited account balance directly to an Inherited IRA.
Default Flection: This provision was originally made available to your plan by default when it was introduced in 2007,
and is currently offered in your plan unless you requested in writing that it not be made available.
Required Action: This provision is no longer optional, and will be offered in your plan automatically as of January 1,
2010, regardless of your previous dection. If you prevjously elected not to offer this provision in your
plan, and would like to make it available prior to January 1, 2010, you may do so by compkting the
Optional Provision Bection Form on page 10 (or Attachment H on page 13 for employers using an
individually-designed plan documenr),
3. Emergency withdrawals for certain events relating to a participant's beneficiary
Offering this provision will enable a participant to receive emergency withdrawals in certain situations involving his or
her primary beneficiary that result in a severe financial hardship. The parricipant may be eligible to take an emergency
withdrawal if a severe financial hardship results from an iJJness or accident affecting his or her primary beneficiary. The
need to pay for funeral expenses of a primary beneficiary may also constitute an unforeseeable emergency.
Default Election: This provision was originally made available to your plan by default when it was incroduced in 2007,
and is currently offen:d in your plan unless you requested in writing that it nor be made available.
Required Action: If you do not want to offer this provision going forward, or would like to change your previous
election, you should exeCute the Optional Provision Election Form on page] 0 of this packet (or
Attachment H on page 13 for employers using an indiYidually-designed plan document).
4
Agenda Item No. 16E3
June 23, 2009
Page 8 of 19
ATTACHMENT (
SUMMARY OF THE 451 DEFERRED COMPENSATION PLAN
2009 LEGISLATIVE AND REGULATORY CHANGES AMENDMENT ('1'HE AMENDMENT")
This attachment summarizes the primary changes being made by the legislative and regulatory changes amendment.
This Amendment brings your plan up-tO-date with the following pieces of legislation:
· Pension Protection Act of 2006;
· Emergency Economic Stabilization Act of 2008;
· Worker, Retiree, and Employer Recovery Act of 2008;
· Katrina Emergency Tax Relief Act of 2005; and
· Gulf Opportunity Zone Act of 2005.
Amendment Summary of Change Employer
Reference Action Required
PENSION PROTECTION ACT OF 2006 (PPA)
2.01 Background (Derailed infOrmation on the PI~1j is a!lailabk at wU'w.icmarc.orglppa) - The PPA
became raw on August 17.2006, and Article II of the Amendment incorporates the rclevanr None
provisions of the PPA into the Plan.
2.02 Required Notice for Participant Distributions - Plan administrators are required to provide
participants with a 402(f) notice (leMA-Res Sp/!'cial Tax JVotia R/!'garding Plan Paymmrs) None
no Jess than 30 days and no more than 180 days (previously 90 days) before the date when a
distribution to a participant is scheduled to begin.
2.03 Rollover by a Non-Spouse Designated Iknc:ficiary - This provision was previously optional
but becomes mandatory for plan years beginning aner December 31. 2009. ICMA-RC will None
begin offering rhis provision automatically in all eligible plans as of January I. 2010.
Distributions for Unforeseen Financial Emergencies - Thi~ secrion specifics that a participant
will be eligible to receive an emergency wirhdr:lwal in certair: situations where the actual Yes, if you want
emergenc)' impacts [he participam's named Primary Beneficiary. to change your
R.equired Action: - This provision was originally made available (0 your plan by default when previous election,
2.04 it was introduced in 2007, and is currently offercd in your plan unless )'ou requested in writing or make a new
thar jt nor be made a\'ailable. election with
If you do not Want to offer this provision going forward. or would like to change your previow respect (0 th is
election, you should execute the Optional ProviJion Election Form on page IO of this packet (or pro,-\s\on
Attachment H on page 13 for individually-designcd plans).
Distributions for Health and Long-Term Care Insurance for Public Safety Officers _
Permits eligible retired public safety officers to withdraw up to $3,000 annually taX-free from a
qualified govcrnmental plan for the paymenr of qualifying insurance premiums.
Required Action: - This provision was nor made availa.ble to your plan by default when it was Yes, if you wish ro
2.05 offer this provision
originally introduced in 2007, and is not currcntly offered ir: your plan unless you requested in or change your
writing that it be mOlde aVOlilable. previous election
If you wan! [(l offer this provision going forward. or would like to change )lour previous
elecrion. you should cxecure the Optional Provision Election Form on page 10 of this packer (or
Attachment H on page 13 for individually-designed plans).
2.06 RoUovers to Roth lRAs - Eligible rollover disrributions occurring after December 31,2007 None
may be rolled-over dirccdy ro a Roth IRA.
5
Agenda Item No. 16E3
June 23, 2009
Page 9 of 19
ATTACHMENT C (CONT.)
SUMMARY OF THE 457 DEFERRED COMPENSATION PLAN
2009 lEGISLATIVE AND REGULATORY CHANGES AMENDMENT ('THE AMENDMENT")
Amendment Summary of Change Employer
Reference Ac::tion Required
EMERGENCY ECONOMIC STABILIZATION ACT OF 2008 (EESA)
Background - On October 3.2008. the Emergency Economic Stabili7.;uion Act of 2008,
("EESA ~). became law. With regard to retirement plans, EESA generally permits plans to
allow repayments of certain prior qualified distributions for participants affected by certain
2008 Midwestern severe storms, tornadoes, and/or flooding. Various forms of tax rdief are
available to qualifYing participants. This Article of the Amendment incorporares the rdevant
provisions of EESA into the Plan.
3.01 - 3.03 None
Impacted Areas: This legislation only applies to employers with participa.nts in certain
counties in the states of Arkansas. lIlinois, Indiana, Iowa, Kansa.s. Michigan, Minnesota,
Missouri, Nebraska.. and Wisconsin who suffered losses as a result of severe storms,
tornadoes, and/or flooding hetween May 20, 2008 and July 31.2008. Detailed information
regarding this legislation and the specific counties of each state that arc included in the
disaster area can be: found in IRS Publication 44928 (hnp:/lwww,irs.gov/pub/irs-pdfl
p4492b,pdf).
WORKER. RETIREE, AND EMPLOYER RECOVERY ACT OF 2008 (WRERA)
Background - On December 23, 2008, rhe Worker. Retiree, and Employer Recovery Act
of 2008. ("WRERA ~), became law. 'X'RERA amended Code section 40 I (0.)(9) to suspend
4.01 required minimum distributions for 2009. Ir is also possible: rhar legislation will be: enacted
in the future that suspends required minimum distributions for 2010 or a later year. This None
Article of the Amendment incorporates the relevant provisions of \X1RERA into the Plan
and should eliminare the need to furrher amend the Plan again in the event that required
minimum distributions are suspended in a year subsequent to 2009.
KATR.INA EMERGENCY TAX RELIEF ACT OF 2005 (KEI'RA)
AND GULF OPPORTUNITY ZONE ACT OF 2005 (GOU)
Background (IRS Publication 4492 contains detailed infimnation rrlating tQ rhr KETRAI
GOZA changrr) - On September 23, 2005, the Karrina Emergency Tax Relief An of 2005
("KETRA") became law, and on December 21, 2005, the Gulf Opportunity Zone Act
of2005 ("GOZAfl) became law. Generally, KETRA and GOZA permir plans to allow
repayments of certain prior qualified distributions for Participants affecred br Hurricanes
Katrina, Wilma, and/or Rita. Various forms of tax relief are a\'ailable to qualifYing
participanLs. This Article of rhe Amendment incorporates the relevant provisions of KETRA
5.01 . 5,03 and GOZA into the Plan. None
Impacted Areas: These legislarive changes only apply to employers with participants in
certain counties in rhe states of Alabama. Florida. Louisiana, Mississippi, and Texas who
live in an area that was impacted by hurricanes Katrina, Wilma, and/or Rita. Derailed
information regarding this legislation and the specific counties of each state that arc
included in the disaster area can be found in IRS Publication 4492 (hnp:!lwww.irs.govl
pub/irs-pdf/ p4492. pdl).
6
Agenda Item No. 16E3
June 23, 2009
Page 10 of 19
ATTACHMENT D
QUESTIONS AND ANSWERS
RELATED TO THE 2009 ICMA-RC PLAN DOCUMENT UPDATE
The following Q&A should aid in your undemanding
of the provisions included in the Amendment and the
action required on your pan.
OVERVIEW
1. Wiry is lCMA-RC providing updated plan documents?
ICMA-RC received a favorable opinion letrer
from the IRS on the ICMA-RC 457 Deferred
Compensation Plan & Trust Basic Documem in
2008. Adopting our updated IRS-approVt'd plan
document ensures you are operating your plan with
the most Up-to-date 457 provisions allowed by law.
AdditionaJ1y, we are taking this opportunity to
provide you with an amendment for legislative and
regulatory changes, including the Pension Protection
Act of 2006 (PPA). This amendment was not
included in the plan document submitted to the
IRS.
2, What are the optional pro1ltsions included in the
amendment?
The optional provisions included in the amendment.
highlighted in Attachment B on page 4. were
originally introduced by the PPA and made available
to employers in 2007. The optional provisions
include:
· Tax-free withdrawals of up to $3,000 annually for
the payment of qualifying insurance premiums for
eligible retired public safelY officers,
· Rol/overs by non-spouse beneficiaries to an
Inherited IRA (which will automatically be offered
in all plans beginning January], 2010, when the
provision becomes mandatory), and
· Emergency withdrawals for certain events relating
to a participant's beneficiary.
REQUIRED EMPLOYER ACTION
3. What do we need to do?
Employers Using the ICMA-RC Plan Document:
Review the information in this packet carefully,
The updated plan document and amendments will
automatically be adopted by your plan on July 15,
2009. You are nor required to return a.ny documents
to lCMA-RC unless you intend to change a
previous election with respec;[ to an optional
provision, in which case you should complete the
Oprional Provision Election ronn (Attachment E
on page] 0). If formal action is required by your
legislative body or plan administrative committee,
you may also need to complete the Suggested
AHlrmative Statement for Amending a Deferred
Compensation Plan (Attachment I on page 15) and
the Suggested Resolmion for a Legislative Body
Relating to Amending a Deferred Compensation
Plan (Attachment J on page 16). However, these
documents do not need to be returned to
ICMA-RC.
I
)
~
i
~
,
Individually-Designed Plans:
If your plan uses an individually-designed plan
document. the negative election adoption process
does not apply and no changes will be made to your
plan unless requested by you. Please check with
your plan's Ic:gal counsel to ensure your document
is updated in a timely fashion for lc:gislative and
regulatory changes. You may find value in reviewing
the ICMA-RC documents, as the information may
be of use as you consider future amendmems to your
individuaJJy-designed plan documenr. Additional
instructions arc: provided in Attachment G on page
] 4. Questions 7 - 9 below provide instructions for
adopting the ICMA-RC amended plan documc:nr or
adding the optional provisions to your plan, if you
choose to do so.
4. What is the negative election adoption process?
ICMA-RC is using a negative election adoption
process to make adoption of rhe amended plan
documenr as easy as possible for plan sponsors.
Under [his process, plans using the ICMA-RC plan
7
document will automatically adopt the amended
plan document as of July 15,2009.
5. What are the default elections for the optionaL
provisions?
The "default" c:lections will be used in the absence of
an alternative election made by you.
· Tax-free withdrawals of up to $3,000 annually for
the payment of qualifYing insurance premiums for
eligible retired public safety officers,
Default: This provision was not made available
to your plan by default when it was originally
introduced in 2007, and is not currently offered in
your plan unless you requested in writing that it be
made available. If you want to offer this provision
going forward, or would like to change your
previous election. you should execute the Optional
Provision Election Form on page 12 of this packet.
· Rollovers by non-spouse beneficiaries to an
Inherited IRA.
Default: This provision was originally made
available to your plan by default when it was
introduced in 2007, and is currently offered in
your plan unless you requested in writing that it
not be made available. This provision becomes
mandatory for all plans beginning January I,
20] 0, and will automatically become available ae
that time for plans that initially elected not to offer
this provision. If you do not currently offer this
feature, and would like to do so before January
1. 2010, please complete the Optional Provision
Election Form on page 12 of this packet.
· Emergency withdrawals for certain events relating
to a participant's beneficiary.
Default: This provision was originally made
available to your plan by default when it was
introduced in 2007, and is currently offered in
your plan unless you requested in writing that it
not be made available. If you do not wane to offer
this provision going forward. or would like ro
change your previous election, you should execute
the Optional Provision Election Form on page] 2
of this packet.
Agenda Item No. 16E3
June 23,2009
Page 11 of 19
6. How do we change the defizult elections for the optional
provisions?
Complete and return the Optional Provision Election
Form on page 12 prior ro July 15. 2009, if you
wish to change any of the default elections for the
optional provisions.
NOTE: If you previously elected an option other
than the default for any of the optional provisions
available, your previous election will not be impacted
by the adoption of the amended plan document,
and you do not need to re-submit your election to
ICMA-RC. Vou only need to submit the election
form if you wish ro change a previous election.
7. Our plan uses an individually-designed plan document,
but we would like to adopt lCMA-RC's amended plan
document. What do we need to do?
You can adopt ICMA-RC's amended plan document
by executing the Suggested Affirmative Statement
for Amending a Deferred Compensation Plan
(Attachment I on page 17) and the Suggested
Resolution for a Legislative Body Relating to
Amending a Deferred Compensation Plan
(Arrachmenrs J on page 18).
8. Our plan uses an individually-designed plan dQcument,
but we would like to offer one or more of the optional
provisions in our plan. What do we need to do?
Vou should indicate your desired elections on
the Statement of Intent and Amendment to an
Individually-Designed Plan (Attachment H on page
15) and rerum the executed document to JCMA-
RC with the Suggested Affirmative Statement
for Amending a Deferred Compensation Plan
(Attachment I on page 17) and the Suggested
Resolution for a Legislative Body Relating to
Amending a Deferred Compensation Plan
(Attachments J on page 18), Once we receive your
executed paperwork, we will begin administering the
new options within your plan,
9. Our plan uses an individually-designed plan document.
Ifwe do not return anything to ICMA-RC, will any
changes be made to our plan?
No, If you do not return any documentation ro
lCMA-RC, no changes will be made to your plan at
this time. However, please note that the provision
8
allowing non-spollse beneficiaries to rollover assets
ro an Inherited IRA becomes mandarory on January
],2010, and ICMA-RC will automatically begin
administering chis provision within your plan at that
time.
OPTIONAL PROVISIONS
10. Where can we get more inftnnation regarding the
optional provisions introduced by the PPA?
Additional informacion is available on the
ICMA-RC Web site at www.icmarc.org/ppa.
EMERGENCY ECONOMIC STABILIZATION ACT
OF 2008 (EESA)
11, Who is eligible to take advantage of the l:.l::SA
prouisions?
This legislation only applies ro employers with
participants in certain Counties in the states of
Arkansas, Illinois, Indiana, Iowa, Kansas, Michig~l1,
Minnesota, Missouri, Nebraska, and \X'Isconsin
who suffered losses as a resuit of sevcre srorms,
rornadoes, and/or flooding betwccn May 20. 2008
and July 31. 2008. A list of the impacted Counties
in each state that were impacred by rhe storms, and
detailed information regarding rhe relief available
to impacted participants, can be found in IRS
Publication 4492B, available online at www.irs.gov,
12. What relief does this legislation provide to impactl.d
participants?
Impacted parricipants are eligible for various
forms of tax relief, including a .....aiver of the 1 DCi'o
early withdrawal penalty appliCl.ble [() certain
disrriburions, and the abiliry to n.:comribure funds ro
the plan that were withdrawn as part of a qualified
distriburion in response ro the severe storms. IRS
Publicarion 4492, available online at www.irs.gov
provides detailed inFormarion on the tax relief
offered to impacted parricipanrs.
WORKER, RETIREE, AND EMPWYER
RECOVERY ACT OF 2008 (W'RERA)
13. WtJat impact did V?R.ERA haue on our plan?
This legislation suspended the need for parricipanrs
to receive a Required Minimum Distribution
Aaenda Item No. 16E3
~ June 23, 2009
Page12of19
(RMD) from cheir retirement aCCOunts in 2009. As
a reminder, participants are generally required to
receive an R.~D each year aner they reach the age of
70Y! or separate from service, whichever is later.
14. Will w~ need to amend our plan again to resume RA1D
payments in 201 O?
No. ICMA-RC is set to resume processing RMD
payments again in 2010, so no action is required on
your parr.
15. if additional legislation is pasJed that suspends RMDr
Jor 2010 and/or beyond, will we need to amend our
plan again?
No. The language in the Amendment is intended to
account for legislation that could potentially suspend
RMDs again in 20] 0 or a furure year, and eliminate
the need for a new amendment if such legislarion
passes.
KATRINA EMERGENCY TAX RELIEF ACT OF
2005 (KETRA) AND GULF OPPORTUNITY ZONE
ACT OF 2005 (GOZA)
16. \Fho is e!igibk to take advantage of the KETR4./GOZA.
pro uisio ns?
This legislation only applies to employers with
participants in cerrain counries in rhe states of
Alabama, Florida, Louisiana, J'v1ississippi, and Texas
who suffered damages as a result ofhurriCl.nes
Karrina, Wjlma, and/or Rita, A list of the impacted
cOllnties in each state that were impacted by [he
storms, and detailed information regarding the relief
available to impacte::d participants, can be found in
IRS Publication 4492, available online at
wV\w.lrs.gov.
17. What relitf does this legislation provide to impacted
participams?
Impacted participants are eligible for various
Forms of tax relief, including a waiver of rhe ] 0%
early withdrawal penalty applicable to certain
disrributions, and the ability to reconrribure
funds to the plan that were withdrawn as part of a
gualified distribution in response to the hurricanes.
IRS Publication 4492, available online at
www.irs.gov provides detailed information on
the tax relid offered to impacted participanrs.
9
~
Agenda Item No. 16E3
June 23, 2009
Page13of19
PIoa", reeum rhi, dotumenr to lCMA-RC in ocd" to indi",,,, your d",ieed 01",,0", relaring to rhe hdow opriun,]
provisions included in the 2009 Legislative and Regulatory Changes Amendment.
ATTACHMENT E
OPTIONAL PROVISION ElEOION FORM
-
This form only needs to be completed and returned to lCMA-RC if you are using lCMA-RC's plan document
and you intend to change a previous electJ'on.
Plan Number: -L ....JL _ _ _ _
Name of Employer:
State:
I. Type of Plan: 457 Deferred Compensation Plan
II. Optional Provisions:
a. Tax-free distributions for the payment of qualifYing insurance premiums for digible retired public safety
officers are available under the Plan.
Cl
~
Yes
CJ No (Default Election)
b.
Non-spouse beneficiary rolJovers to Inherited lRAs are permitted under the plan.
C. Emergency withdrawals for certain events rdating to a participant's primary beneficiary are available
under the plan.
o Yes (Default Election)
D No
III. Effective Date: These options shall be effective as of (Insert Date MOnth/Day/Year)
In Witness Whereof, the Employer hereby causes this Election to be executed on this _ day of
,200
Accepted: EMPWYER
By:
Tide;
Attest:
The completed election form should be returned to ICMA-RC:
Fax to: 202~682-6439
Aftn: NBU Analyst
OR
Man to: ICMA-RC
Attention: New Business Analyst
777 Nortn Capitol Street, NE
Washington, DC 20002~4240
10
Agenda Item No. 16E3
June 23, 2009
Page 14 of 19
ATTACHMENT F
INSTRUCTIONS FOR EMPLOYERS
ADOPTING THE ICMA-RC AMENDED 457 DEFERRED COMPENSATION PLAN DOCUMENT
The below instructions provide you with easy-co-follow steps for adopting ICMA-RC's amended plan document.
If you are currendy using the ICMA-RC plan document and you intend to adopt the amended plan
document without any changes, you are not required to return any documents to ICMA-RC. The amended
plan document will be automatically adopted as of July 15. 2009. If you wish co make any changes to the optional
provisions. you must complete the Optional Provision Election Fonn (Attachment E on page 10) and return it to
ICMA-RC prior to July 15.2009. See Attachment B on page 4 for information on the optional provisions included
in the amended plan document,
Please follow these steps:
STEP 1: Review ICMA-RC's amended plan document and rela.ted materials.
STEP 2: Review the optional provisions included in the amended plan document (see UHighlights of
Optional Provisions" on page 4).
STEP 3: Determine whether any formal action is required. by your legislative body or plan
administrative committee to adopt the amended plan document. If formal action is required.
you may use the suggested affirmative statement (Arrachment I on page 15) and suggested
resolution (Attachment J on page 16).
STEP 4: Complete the Optional Provision Election Form on page 10 (if applicable),
STEP 5: Return the completed Optional Provision Election Form (if applicable) ro lCMA-RC:
Fax to: 202-682-6439
Ann: NBU Analyst
OR
Man to: ICMA-RC
Attention: New Business Analyst
777 North Capitol Street, NE
Washington, DC 20002-4240
Returning the Optional Provision Election Fonn pn'or to July 15, 2009, will ensure that we are administering your pian
in accordance with your desired elections fir the optional proL'isiom.
Please retain original copies of any documents you return to ICMA-RC (if applicable) for your records. These
documents will be part of your formal plan document.
If you do not return the Optional Provision Election Form to ICMA-RC prior to July IS. 2009 and your
plan is currently using the ICMA-RC plan document. we will assume you are adopting the amended. plan
document without any changes.
If you have any questions regarding the adoption of the amended plan document, please contact your Client
Services Team roll-free at 800-326-7272.
Note: Employers who are amending an indjz'idually-designed plart document to include any of the available optional
provisions will need to complete the appropriate sections of Attachment H on page 13. See instructions on the following
page.
11
l\genda Item No. 16E3
June 23, 2009
Page 15 of 19
ATTACHMENT G
INSTRUCTIONS FOR EMPLOYERS USING AN
INDIVIDUALLY-DESIGNED PLAN DOCUMENT
Employers utilizing their own individually-designed plan document should follow these steps;
STEP 1: Review ICMA-RC's amended plan document materials and the available optional provisions (See
"Highlights of Optional Provisions" on page 4).
STEP 2: Determine whether or not you will be amending your plan document in order to take advantage
of tbe available optional provisions. You may wish to use the language in ICMA-RC's amended plan
document as a guide to amending your individually-designed plan document.
STEP 3: Determine wbether any formal action is required by your legislative body or plan administrative
committee to amend your indhidually-designed plan document. You may me the suggested affirmative
statemem (Attachment I on page 15) and/or suggested resolution (Auachment J on page 16) if formal
action is required.
STEP 4: Return Attachment H on page 13 (if applicable) and Attachments I (page I5) and J (page 16) to
ICMA-RC:
Fax to: 202-682-6439
Attn: N8U Analyst
OR
Mail to: ICMA-RC
Aflention: New Business Analyst
777 North Capitol Street, NE
Washington, DC 20002-4240
NOTE: !fi'OU do not wish to make an] changr:s to your plan docummt at this time, no action is required on your part. However,
you should chr:ck with )'our plans lega! counsel to ensure your document is updaced fOr Legislative and regulacol)' changes in a timely
ftJhion.
Returning the doc:uments refermced abOlJe prior to Ju~y 15, 2009, will ensure that we an: adminisreringyour plan in accordance with
an.y changes you makr: to your individual/y-dr:signed plan document.
ADDITiONAL INFORMATiON
Employers who do not currently use ICMA-RC's 457 plan document may want to consider converting to ICMA-RGs
amended plan document at this time. You will nnd that using ICMA-RCs plan document makes adopting new changes
easier. Adopting ICMA-RC's amended plan document provides the following additional advantages:
. ICMA-RC's 457] plan document is generally designed to provide employers and participants with as much
flexibility as possible within IRS guidelines.
. Adopting ICMA-RC's 457 plan document relieves you from the burden and cost of continually reviewing and
revising your plan document in response to changes in the Internal Revenue Code (IRC) and related regulations.
ICMA-RC maintains the document in compliance with all IRC and regulawry requirements.
. ICMA-RC always seeks favorable private letter ruling respecting the plan's eligibility status from the IRS for
leMA-RCs 457 plan documents. This is important because a plan deemed ineligible by the IRS could result in a
significant tax liability to all plan participants.
If you have any questions regarding the adoprion of leMA-RC's amended plan document, please contact your Client Services
Team roll-free at 800-326-7272.
12
,L\genda Item No. 16E3
June 23, 2009
Page 16 of 19
ATTACHMENT H
STATEMENT OF INTENT AND AMENDMENT TO AN
INDIVIDUALLY-DESIGNED PLAN
PAGE 1 (OF 2)
Plan Number: ~ -!L _ _ __
Name of Employer:
SUte:
I. Employer Intention
The employer is amending (or intends to amend) an individually-designed 457 deferred compensation plan
document which is being updated to incorporate the below options offered by ICMA-RC.
II. Employer Instructions Regarding Plan Administration
Check one:
o The employer instruns ICMA-RC to administer this plan in accordance with this Statement of Intent,
o Tht' employer instructs ICMA-RC to administer this plan as if the: employer is adopting ICMA-RC's
amended plan document without modification.
III. Optional Provisions, Please indicae the optional provisions that you would like to add to your individually-
designed plan document. See Attachment B on page 4 for an overview of the optional provisions comained in the
amendment,
a. Tax-free distributions of lip to 53.000 for the payment of qualifying insurance premiums for eligible retired
public safety officers are available under the Plan.
o Yes 0 No (Def.1ulr Election)
b, Ga Non-spouse beneficiary rollovers EO Inherited lRAs are permitted under the plan.
c. Emcrgency withdrawals for cerrain events relating to a participant's primary beneficiary are available under
the plan.
o Yes (Default Election)
DNo
Iv. Effective Date: July 15, 2009. If you do not rerum this Statement ofIntenr to ICMA-RC prior to July 15.2009,
no changes will be made to your plan.
V. Attachments
The foJlowing documents are attached to the Statement ofInrenr:
./ Copy of executed suggested affirmacive statement (Attachment I on page 15) and suggested resolution
(Attachment J on page 16).
../ Copy of arnende:d plan document materials.
Please forward aH applicable documents to lCMA-RC as soon as possible.
(Continued on the pI/owing page)
13
ATTACHMENT H (CONT.)
STATEMENT OF INnNT AND AMENDMENT TO AN
INDIVIDUALLY-DESIGNED PLAN
PAGE 2 (OF 2)
Plan Numher: ---L -L_ _ __
Name of Employer:
State:
VI. Employer Signature
Name of Official Plan Coordinator (please print):
Agenda Item No. 16E3
June 23, 2009
Page 17 of 19
Signature:
Tirle:
Telephone Number:
Date:
Email.l\ddress:
The completed Statement ofIntent and all attachments should be returned to ICMA-RC:
Fax to: 202-682-6439
Ann: NBU Analyst
OR
Mad to: ICMA-RC
Attention: New Business Analyst
777 Norlh Capilol Street, HE
Washington, DC 20002-4240
14
Agenda Item No. 16E3
June 23, 2009
Page 18 of 19
ATTACHMfNT I
SUGGESTED AFFIRMATIVE STATEMENT
fOR AMENDING A DEFERRED COMPENSATION PLAN
Plan Number: ......L -2- _ _ _ _
Name of Employer:
State:
As a duly authorized agent of the above named Employer, I hereby
A..\1END and restate the Employer's deferred compensation plan (the "Plan") in the form of: (Select one)
o The ICMA Retirement Corporation 457 Governmental Deferred Compensation Plall & Trust.
OR
o The Plan and Trust provided by the Employer (executed copy attached hereto).*
SPECIFY that the assets of the Plan shall be held in trust, with the Employer serving as trustee ("Trustee"), for the exclusive
benefit of the Plan parcicipanrs and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's
beneficial ownership of Plan assetS held in VantageTrust shall be held for the exclusive benefit of the Plan participants and their
beneficiaries;
AND AFFIR.t\.1 that the Employer hereby agrees to serve as Trustee under the Plan.
DATE:
(Tide of Designated Agent)
(Signature)
* If you are adopting ICMA-RC's amended plan document without modification, there is no need to return this
affirmative statement to ICMA-RC unless your plan's internal governance procedures require it.
** If you are amending your own individually-designed plan document, this executed affirmative statement should he
returned to ICMA-RC as instructed below..
fax to: 202-682-6439
Attn: NBU Analyst
OR
Man fa: ICMA-RC
Attention: New Business Analyst
777 Norrh Capitol Sfreet, HE
Washington, DC 20002-4240
J5
Agenda Item No. 16E3
June 23, 2009
Page 19of19
ATTACHMENT J
SUGGESTED RESOLUTION FOR A LEGISLATIVE BODY RELATING TO
AMENDING A DEFERRED COMPENSATION PLAN
PIan Number: -L -2- _ _ __
Name of Employer:
State;
Resolution of the above named Employer rEmployer")
WHEREAS, the Employer has employees rendering valuable services; and
WHEREAS, the Employer has established a deferred compensation plan for such employees that serves the interest of the
Employer by enabling it to provide reasonable retirement security for its employees. by providing increased flex.ibility in its
personnel managemem system, and by assisting in the attracrion and retention of competent personnel; and
WHEREAS. the Employer has determined that the continuance of the deferred compensation plan will serve these objectives;
and
NOW THEREFORE BE IT RESOLVED that the Employer hereby amends and resta[es the deferred compensation plan (the
"Plan") in the form of: (Select one)
CJ The leMA Retirement Corporation 457 Governmental Deferred Compensation Plan & Trust.
OR
CJ The Plan and Trust provided by the Employer (executed copy attached herew)""
BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trlts!, with the Employer serving as trustee
("Trustee"), for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall nor be diverted to any other
purpose. The Trustee's beneficial ownership of Plan assets held in VantageTrust shall be held for the further exclusive benefit of
the Plan participants and their beneficiaries;
BE IT FURTHER RESOLVED that the employer hereby agrees to serve as Trustee under the Plan.
t. . Clerk of the (City, County, etc.) , do
hereby cenify that the foregoing resolution, proposed by (Council Member, Trustee, etc.)
was duly passed and adopted in the (Council, Board, ete,) of the (City, County, etc.) of
at a regular meeting thereof assembled this _ day of
20_, by the following vote:
AYES:
NAYS:
ABSENT:
(Seal)
Clerk of the (City. County, etc.)
.. If )'OU are adopting ICMA-RC's amended plan document without modi6cation, there is no need to return this
resolution to ICMA-RC unless your plan's internal governance procedures require it.
.... If you are amending your own individually-designed plan document, this execnted resolution should be returned to
ICMA-RC as instructed below.
Fax to: 202-682-6439
Aftn: NBU Analyst
OR
Mail to: ICMA-RC
Attention: New Business Altalyst
777 North Capitol Street, NE
Washington, DC 20002.4240
16