EB-12 Rev. 5 Deferred Compensation Plans for Non-Participating EmployeesCITY OF DELRAY BEACH
ADMINISTRATIVE POLICIES AND PROCEDURES
DEPARTMENT:
SUBJECT:
Employee Benefits
Deferred Compensation
Plans for Non-Participating
Employees
POLICY NUMBER:EB-12
SUPERSEDES:EB-12,Rev.4,
dated 01-01-03
REVISION:
APPROVED BY:
PURPOSE
FECTIVE DATE:
Terrence R.Moore,ICMA-CM,City anager
The purpose is to establish a policy regarding Deferred Compensation Plans for employees who are
excluded from or elect not to participate in the City's Pension Plans.
POLICY
EB-12._1 Applicability:
This policy applies to all regular full-time employees of the City of Delray Beach who are excluded from
participation in the City's Pension Plans for general employees and police officers/firefighters or who,
pursuant to the terms of such Plans,have elected to not participate or to terminate their participation in
said City Pension Plans.
EB-12.2 Policy:
It is the policy of the City of Delray Beach that all regular full-time employees participate in a Pension Plan
qualified pursuant to the Internal Revenue Code.Such employees who are expressly excluded from
participation in the City's Pension Plans,or who,pursuant to the terms of such Plans,have elected not to
participate or to terminate their participation in such Plans,shall become members of a tax-qualified
Deferred Compensation Plan in accordance with the following terms:
A.Department heads who elect not to participate or in the City's Pension Plans must make
this election within the first 90 days from their hire date.If they elect not to participate in
the City's Pension Plans,they shall join another tax-qualified Deferred Compensation
Plan at the earliest opportunity following their election not to participate in the City's Plans
through the completion of an "Election of Non-Participation in City's Pension Plans"Form
(Exhibit A).
NOTE The Police Chief and Fire Chief may elect to participate in either the Police and Firefighters
Retirement System OR the General Employees Pension Plan.
B.Employees who are not department heads,but who are excluded from participation in
Deferred Compensation Plans for Non-Participating Employees
EB-12
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the City's Pension Plans shall become members of a tax-qualified Deferred
Compensation Plan effective upon their election to participate in such Plan.
NOTE:The Police Chief and Fire Chief must elect not to participate in EITHER of the City's Pension Plans
in order for the City for the City to contribute 9.5%of their annual compensation to a tax-qualified Deferred
Compensation Plan.
C.The City shall contribute 9.5%of the annual compensation of any employee participating
in a tax-qualified Deferred Compensation Plan,pursuant to this policy,for the employee's
benefit.The 9.5%will be contributed up to the maximum allowed per calendar year per
Internal Revenue Service Regulations.
D.In order to participate in the tax-qualified Deferred Compensation Plan,the employee is
not required to deduct any amount from his/her pay to be entitled to the City's contribution.
If the employee chooses to make contributions to the Deferred Compensation Plan
account in addition tothe City's contribution,the combined contribution total cannot
exceed 100%of his/her annual salary or the maximum allowed per calendar year per IRS
Regulations.
E.A department head's election to not participate or to terminate participation in the City's
Pension Plans shall be irrevocable for as long as the department head is continuously
employed as a department head of the City of Delray Beach.
F.City and employee contributions to a tax-qualified Deferred Compensation Plan,pursuant
to this policy,shall cease upon the employee's termination of employment as a
department head of the City of Delray Beach,or upon the employee's termination of
employment in a position to which this policy is applicable.
G.All department heads who elect to participate in the City's Pension Plans for as long as
the department head is continuously employed as a department head of the City of Delray
Beach,shall be eligible to voluntarily participate in a tax-qualified Deferred Compensation
Plan,with any and all contributions to the Plan for the employee's benefit being solely a
deduction from the pay of such participating employee.These contributions cannot
exceed the IR.S.maximum allowable total contribution as defined by the tax-qualified
Deferred Compensation Plan chosen by the participating employee.
H.The City reserves the right to designate and approve of any tax-qualified Deferred
Compensation Plan that shall be utilized by a participating employee.
I.Currently,the tax-qualified Deferred Compensation Plan which has been approved by
the City is through the International City Management Association (I.C.M.A.)Retirement
Corporation.
Deferred Compensation Plans for Non-Participating Employees
EB-12
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Exhibit A
CITY OF DELRAY BEACH
ELECTION OF NON-PARTICIPATION IN CITY'S PENSION PLANS
I have reviewed the City of Delray Beach Administrative Policy and Procedure Number EB-12,"Deferred
Compensation Plan for Non-Participating Employees".In compliance with that procedure,the following
request is made:
I elect not to participate in the City's Pension Plan and choose to participate in the City's
I.C.M.A.457 Deferred Compensation Plan.
I understand that the City will contribute 9.5%of my basic annual compensation to this
Plan on my behalf.
I further understand that Internal Revenue Service Regulations governing the 457
Deferred Compensation Plan limits the amount of annual contributions made to my
I.C.M.A.457 Deferred Compensation account to 100%of my annual salary up to a certain
maximum per calendar year.I further understand that if I elect to participate in the 457
Deferred Compensation Plan in-lieu-of the City's Pension Plan,the combined
contributions of the City and myself to my Deferred Compensation Plan account cannot
exceed the IRS maximum allowable total in any calendar year.
I understand that I will need to contact the Finance Department in order to complete the
necessary I.C.M.A.457 Deferred Compensation Plan Enrollment Form to begin
participation in the 457 Deferred Compensation Plan.
Employee's Signature
Employee's Name (Print)
Employee's Position Title
Witness Signature
Date
Employee's Social Security Number
Employee's Department
Date
Original to:
Copy to:
Copy to:
Human Resources Department -Employee's File
Finance -Payroll Division
Finance -Administration