Miami-Dade
Legislative Item File Number: 221022 |
Printable PDF Format Clerk's Official Copy |
File Number: 221022 | File Type: Resolution | Status: Adopted | ||||||||
Version: 0 | Reference: R-543-22 | Control: County Commission | ||||||||
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Requester: NONE | Cost: | Final Action: 6/1/2022 | ||||||||
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Sunset Provision: No | Effective Date: | Expiration Date: |
Registered Lobbyist: | None Listed |
Legislative History |
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Acting Body | Date | Agenda Item | Action | Sent To | Due Date | Returned | Pass/Fail |
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Board of County Commissioners | 6/1/2022 | 11A3 | Adopted | P | |||
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County Infrastructure, Operations and Innovations Committee | 5/12/2022 | 2A | Forwarded to the BCC by the BCC Chairperson due to meeting cancellation | ||||
REPORT: | Special Note: The Clerk of the Board received the appropriate memorandum signed by Board of County Commissioners (BCC) Chairman Jose “Pepe” Diaz approving the request to waive the Board’s Rules of Procedure to allow the foregoing proposed resolution to be heard at the June 1, 2022, Board of County Commissioners Meeting. | ||||||
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County Attorney | 4/28/2022 11:13:28 PM | Referred | County Infrastructure, Operations and Innovations Committee | 5/12/2022 | |||
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County Attorney | 4/28/2022 | Assigned | Jorge Martinez-Esteve | 4/28/2022 | |||
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Legislative Text |
TITLE RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO NEGOTIATE AN AGREEMENT WITH BENCOR TO PROVIDE CERTAIN RETIREMENT BENEFITS THROUGH A SPECIAL PAY PLAN FOR COUNTY EMPLOYEES AND TO PRESENT A WRITTEN REPORT WITH A RECOMMENDATION ON SUCH AGREEMENT TO THE BOARD OF COUNTY COMMISSIONERS WITHIN 120 DAYS BODY WHEREAS, the County�s employees are its greatest asset, and providing these employees a secure retirement is of vital importance to this Board; and WHEREAS, many County employees enter the Deferred Retirement Option Program ("DROP") and/or retire from the County with accumulated leave that they were unable to use during their employment with the County; and WHEREAS, when paid out to qualified employees at their retirement, such accumulated leave pay is subject to taxation, including the payment of income tax and up to 7.65 percent of Social Security and Medicare taxes; and WHEREAS, BENCOR, a company which specializes in the design, implementation and administration of retirement plans for public employees across the United States, offers a Special Pay Plan, which is a retirement program approved by the Internal Revenue Service and consisting of three parts: the first part satisfying the requirements under section 401(a) of the Federal tax law, the second part following the dictates of section 403(b), and the third part meeting the rules of section 457(b); and WHEREAS, the Special Pay Plan allows for employees� unused leave pay to be transferred as non-elective employer contributions into a retirement account at BENCOR, where such contributions are 100 percent vested in the employee participant, and can either be withdrawn from the plan upon retirement, total disability or death of the employee, or invested by the employee in an array of investment options made available under the plan by BENCOR; and WHEREAS, for any leave pay invested through the Special Pay Plan, income taxes are imposed only upon withdrawal from the participant�s plan account; and WHEREAS, contributions to the Special Pay Plan would not affect employees� ability to make voluntary contributions to other retirement accounts, such as a 457(b) plan, within limits specified by the Internal Revenue Code; and WHEREAS, other local government agencies such as the Miami-Dade County School Board offer the benefits of the BENCOR Special Pay Plan to their employees; and WHEREAS, this Board desires to allow County employees to benefit from the tax savings, tax deferrals, and investment options offered by the BENCOR Special Pay Plan, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board directs: Section 1. The foregoing recitals are incorporated in this resolution and are approved. Section 2. The County Mayor or County Mayor�s designee is directed to negotiate a Special Pay Plan Agreement with BENCOR for non-bargaining County employees and for all other County employees within collective bargaining units, provided that written consent of the applicable collective bargaining agents is obtained to provide this benefit to bargaining unit employees, and to present a written report to this Board including a recommendation as to whether the County should enter into such agreement. The County Mayor or County Mayor�s designee shall provide the report to this Board within 120 days of the effective date of this resolution and place the completed report on an agenda of the full Board without committee review pursuant to Ordinance No. 14-65. |
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