County of Santa Cruz

Transcription

1 County of Santa Cruz 0055 DEFERRED COMPENSATION ADVISORY COMMISSION 701 OCEAN STREET, SUITE 520, SANTA CRUZ, CA (831) FAX: (831) TDD: (831) September 27,2006 AGENDA: October 17,2006 Board of Supervisors County of Santa Cruz 701 Ocean Street Santa Cruz, California Contract with Regional Transportation Commission for Continued Participation in County Deferred Compensation Program Dear Members of the Board: As you know, the Board of the Santa Cruz County Regional Transportation Commission (RTC) is establishing itself as an autonomous governmental agency and employer separate from the County in October Currently, as County employees, RTC staff are eligible to participate in the County s Deferred Compensation program administered by ICMA-RC. The RTC is interested in enabling their employees to continue participating in the County s deferred compensation program after it becomes an autonomous agency. It is permissible under Internal Revenue Service regulations for the County to authorize the employees of other entities to participate in the County s Deferred Compensation program if the Auditor-Controller administers their payroll. The County Deferred Compensation Commission requires that non-county entities pay an annual fee of $50 per participant to partially reimburse the County for costs of administering the program. Currently, employees of the Consolidated Emergency Communication Center, the Law Library, and the Resource Conservation District are eligible under contract to participate in the program. Attached for your review (Attachment A) is a contract between the County and the Santa Cruz County Regional Transportation Commission that will allow RTC employees to participate in the County Deferred Compensation program. The Board of the Regional Transportation Commission has adopted the attached resolution (Attachment B) authorizing the RTC Executive Director to enter into an agreement with the County. In addition, the Deferred Compensation Advisory Commission recommends that your Board approve this contract. SERVING THE COMMUNITY - WORKING FOR THE FUTURE

2 Deferred Compensation Contracts Agenda: October 17,2006 Page 2 30C6 IT IS THEREFORE RECOMMENDED THAT YOUR BOARD approve the contract between the County and the Santa Cruz County Regional Transportation Commission to allow RTC participation in the County s Deferred Compensation program and authorize the County Administrative Officer to sign on behalf of the County. v Very truly yours?. Dinah Phillips Chair, Deferred Compensation ory Commission RECOMMENDED: County Administrative Officer cc: Tegan Speiser, Regional Transportation Commission Rosemary Roberts, ICMA-RC Deferred Compensation Advisory Commission

3 0067 RESOLUTION NO Adopted by the Santa Cruz County Regional Transportation Commission on the date of September 21, 2006 on the motion of Commissioner Wormhoudt duly seconded by Commissioner Re i 1 1 y RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO AN AGREEMENT BETWEEN THE COUNTY OF SANTA CRUZ AND THE SANTA CRUZ COUNTY REGIONAL TRANSPORTATION COMMISSION REGARDING PARTICIPATION IN THE COUNTY S IRC SECTION 457 DEFERRED COMPENSATION PLAN WHEREAS, in October 2006, the Santa Cruz County Regional Transportation Commission (RTC) is establishing itself as an autonomous public agency and employer separate from the County of Santa Cruz; and WHEREAS, as a result of its long-standing administrative relationship with the County of Santa Cruz, RTC employees have had the option to participate in the County s Section 457 deferred compensation plan currently managed by ICMA-RC; and WHEREAS, the RTC is interested in continuing to offer this optional benefit of a deferred compensation plan to its employees after it becomes an autonomous agency; and WHEREAS, the County of Santa Cruz is willing to allow RTC employees to continue participating in its Section 457 deferred compensation plan for an annual administrative fee of $50 per participant; THEREFORE, BE IT RESOLVED THAT THE SANTA CRUZ COUNTY REGIONAL TRANSPORTATION COMMISSION : 1. Authorizes the Executive Director to enter into an agreement between the County of Santa Cruz and the Santa Cruz County Regional Transportation Commission regarding RTC participation in the County s Section 457 deferred compensation plan; 2. Authorizes the Executive Director to amend the agreement, consistent with the approved RTC budget, to ensure continued RTC participation in the County s deferred compensation plan. AYES: NOES: ABSTAIN: COMMISSIONERS COMMISSIONERS COMMISSIONERS Barrett, Beautz, Gonzalez, Keogh, Koch, Pirie, Rei I ly, Spence, Stone, Tavantzis, Worrnhoudt

4 ABSENT: COMMISSIONERS Norton Ellen Pirie, Chair ATTEST: George Ddndero, Executive Director Distribution: RTC Fiscal Auditor-Controller Tegan Speiser Leslie Haynes Dinah Phillips \\Rtcsetvl\Sha red\resoluti\2006\res0906\deferred-comp-res.doc

5 AGREEMENT BETWEEN THE COUNTY OF SANTA CRUZ AND THE SANTA CRUZ COUNTY REGIONAL TRANSPORTATION COMMISSION RELATING TO PARTICIPATION IN THE COUNTY S DEFERRED COMPENSATION PLAN This Agreement is entered into this a day of Septembe I; 2006, between the County of Santa Cruz ( COUNTY ) and the Santa Cruz County Regional Transportation Commission with respect to the inclusion of Santa Cruz County Regional Transportation Commission ( COMMISSION ) employees as participants in the COUNTY S Deferred Compensation Plan ( the Plan ). The Plan is a defined contribution retirement program as described in Internal Revenue Code section 457. WHEREAS, the COUNTY is a political subdivision of the State of California which has established the Plan in accordance with IRC Section 457 for the purposes of providing retirement plan benefits to employees; and WHEREAS, the COMMISSION is a public entity formed pursuant to State law; and WHEREAS, the COMMISSION uses the payroll services of the COUNTY S Auditor- Controller; and WHEREAS, the COUNTY has an existing contract with ICMA-RC for the administration of its deferred compensation program and ICMA-RC is willing to include COMMISSION employees in such administration; and WHEREAS, the COMMISSION desires to provide a deferred compensation benefit to its employees, and warrants by signature below that those persons are eligible to participate in an IRC 457 plan; NOW, THEREFORE, the parties agree as follows: 1. ELIGIBILITY OF COMMISSION EMPLOYEES TO PARTICIPATE IN PLAN. Subject to the provisions herein, any COMMISSION employee filling a budgeted position in permanent status, or on an authorized leave of absence from a budgeted position, may elect to be a Participant in the Plan. A COMMISSION employee participating in the Plan shall be entitled to the rights, benefits and privileges granted to a Participant by the Plan. A. All COMMISSION employees seeking to become Participants in the Plan shall agree in writing to be bound by the terms, conditions and limitations imposed by the COUNTY in its administration of the Plan. -

6 0070 Deferred Compensation Agreement Between Santa Cruz County and Santa Cruz County Regional Transportation Commission Page 2 B. Pursuant to the existing contract between COUNTY and ICMA-RC, ICMA-RC shall be the sole and exclusive provider of deferred compensation administrative services to COMMISSION. Should COUNTY contract with a different provider of administrative services, or should the terms of its contract with such provider change, COMMISSION agrees to be bound by the terms of such contract in regard to sole and exclusive provider status. 2. STATUS OF PLAN DOCUMENT. The Santa Cruz County Deferred Compensation Plan document, as adopted and periodically revised by the Santa Cruz County Board of Supervisors, shall provide the exclusive basis for the administration of the Plan for all COUNTY and COMMISSION employees, and is incorporated into this agreement by this reference. 3. REPRESENTATION. Both parties acknowledge that COUNTY does not and cannot represent or guarantee that any particular federal or state income, payroll or other tax consequences will occur by reason of an employee's participation in the COUNTY'S Plan. 4. INDEMNIFICATION. SANTA CRUZ COUNTY REGIONAL TRANSPORTATION COMMISSION shall exonerate, indemnify, defend, and hold harmless COUNTY (which for the purposes of this paragraph shall include without limitation the officers, agents, employees and volunteers of COUNTY) from and against any and all claims, demands, losses, damages, defense costs, or liability of any kind or nature which COUNTY may sustain relating to a COMMISSION employee's participation in the Plan, including, but not limited to, a loss of principal and or interest by the participating employee or a beneficiary of a participating employee. 5. TERM. The term of this contract shall be continuous from its effective date, above, until terminated in accordance with Paragraph TERMINATION. Either party hereto may terminate this contract at any time by giving 30 days written notice to the other party. 7. ADMINISTRATIVE EXPENSES. The COMMISSION shall pay COUNTY an annual administrative fee of $50.00 per COMMISSION employee participating in the Plan as of Pay Period 26. The fee shall compensate COUNTY for the fiscal and administrative services it provides, and shall be billed annually by the COUNTY. 8. MODIFICATIONS. No alterations or variations of this agreement shall be valid unless made in writing and signed by both parties hereto. -

7 007 1 Deferred Compensation Agreement Between Santa Cruz County and Santa Cruz County Regional Transportation Commission Page 3 IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. COUNTY OF SANTA CRUZ SANTA CRUZ COUNTY REGIONAL TRANSPORTjATION COMMISSION BY SUSAN A. MAURIELLO County Administrative Officer BY Msistant County Counsel