ORDER NO. 28863 TCDRS PLAN RATE AND PLAN CHANGES FOR 2005 Came to be heard this the 12th day of October 2004 with a motion made by Commissioner Letz seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to approve the TCDRS plan rate and reitree's cost-of-living insurance to put 50% of C.P.I. for retiree's cost-of-living insurance. U ~~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Barbara Nemec MEETING DATE: October 12, 2004 OFFICE: Treasurer TIME PREFERRED: A.M. SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss TCDRS Plan Rate and Plan Changes for 2005. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON} NAME OF PERSON ADDRESSING THE COURT: Barbara Nemec ESTIMATED LENGTH OF PRESENTATION: 5 mires. IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 5:00 P.M. previous Tuesday. couNTr a TEXAS ORDER AMENDING A CURRENT VARIABLE-RATE PLAN OI STRICT RETIREMENT COU11ty -Revised 2004 SYSTE M Employer # 232 _ .... Part One: Form of Minutes for Adoption of Order THE STATE OF TEXAS COUNTY OF Kerr On this the Kerr 12th October 4 day of 200 ,the Commissioners Court of Regular County, Texas ("the County") was convened in session with the following members present: Pat Tinley Buster Baldwin Bill Williams Jonathan Letz Dave Nicholson Jannette Pieper County Judge Commissioner, Precinct #1 Commissioner, Precinct #2 Commissioner, Precinct #3 Commissioner, Precinct #4 County Clerk Mr./I~. williarls moved that the order, (Exhibit One of these minutes), be adopted by the County. The motion was seconded by Mr./mss. Baldwin ,and was adopted with the following members voting AYE: Baldwin, Williams , , Letz , Licholson , ,and ;and the following members voting NO: , and TCDRS * PO Box 2034 Austin, TX 78768 * 800-823-7782 * 512-328-8889 * Fax 512-328-8887 * www.tcdrs.org Page I of 6 TEXAS ORDER AMENDING A CURRENT VARIABLE-RATE PLAN COUNTY i DISTRICT RETIREMENT COUnty -Revised 2004 SYSTEM _... . _ _ _.._ ._ ~. _.. - _ .. ~,. . _........_, ........ m.. _. Part Two: dorm :of Order to_be Adopted and Included in Minutes Exhibit One Order Amending a Current Variable-Rate Plan ADCR: (Subchapter H, Chapter 844) WHEREAS, the County is a participating subdivision in the Texas County and District Retirement System (hereafter "System") under Subtitle F, Title 8, Government Code (hereafter "TCDRS Act's; and WHEREAS, the County previously adopted the Annually Determined Contribution Rate (referred to as variable-rate) plan under Subchapter H, Chapter 844 of the TCDRS Act and made certain elections and selections authorized by said Act; and WHEREAS, the Commissioners Court finds it to be in the public interest to amend or add to the selections previously made by the County; now, therefore, be it ORDERED, That: Employee Deposit Rate For each payroll period from and after January 1, 2005, member deposits of each eligible County employee shall be made to the System at the rate of 7 %1 of compensation; and such deposits shall be certified by the subdivision correspondent and transmitted to the System for deposit to the individual employee account. Current Service Credit Percentage For county service performed on and after January 1, 2045, each member shall receive multiple matching credit, which, when added to the rate used to determine the current service credit allowable under Section 843.403, will total ~ 9n %Z of the members deposits. Current service credit for periods ending prior to January 1, 2005, shall be the greater of the rate in effect on December 31, 2004, or the rate to take effect January 1, 2005. I11. Prior Service Credit Percentage Allocated (special) prior service credits granted to any member by the County and in effect on December 31, 2004, shall be recomputed at service credit of each member affected. p3 of the maximum (special) prior t 4%, 5%, 6% or 7%, unless a lower percrntage is required under Section 844.703(h) of the TCDRS Act z The percentage maybe 100%, 125%,150%,175%, 200%, 225% or 250% or the percrntage currently in effect. 145 s Must be a multiple of 5%; may be the same as, but aot less than the percrntage previously adopted. TCDRS * PO Box 2034 Austin, TX 78768 * 800-823-7782 * 512-328-8889 * Fax S 12-328-8887 * www.tcdrs.org Page 2 of 6 couNr~ i TEXAS ORDER AMENDING A CURRENT VARIABLE-RATE PLAN oiaTaicr aE~iaeMeNr Cpunt~/ -Revised 2004 SYSTE M IV. Selection and Adoption of Optional Credits and Benefits Effective January 1, 2005, in accordance with Section 844.704 of the TCDRS Act, the County adopts the following additional rights, credits and benefits (see Footnote 4). In order to adopt any of the optional rights, credits and benefits described in this section, the county judge must initial in the space preceding each option selected. Only ON the optional benefit increases for current annuitar~tr listed below may be selected. CPI-Based Annuity Benefit Increase under Sec. 844.208 at the increase basis of 50 % The percentage rate may be 30%, 40%, 50%, 60%, 70%, or 80% of the change in the Consumer Price Index (CPI). Flat-Rate Annuity Benefit Increase under Sec. 844.209 at the increase basis of The percentage rate must be an integer (i.e., 1%, 2%, 3%, etc.). ,. Please do ~ot.initia! options or credits:listed below if previously, authorized by the county: Optional 8-Year/Age b0 Retirement Eligibility under Sec. 844.210 8-year service eligibility requirement for vesting, service and disability retirement. Optional Rule of 75 Retirement Eligibility under Sec. 844.21 1 A member shall have the right to retire and receive a service retirement annuity when the years of such credited service added to his or her years of attained age equals or exceeds seventy-five (75). Optional 20-Year/Any Age Retirement Eligibility under Sec. 844.2 12 A member shall have the right to retire and receive a service retirement annuity when the years of such credited service equals or exceeds twenty (20). Partial Lump-Sum Payment on Service Retirement under Sec. 844.009 At service retirement, this option allows members to receive a portion of their retirement benefit in the form of a partial lump sum distribution that cannot exceed 100% of their account balance. Credited Service for Qualified Military Service under Sec. 843.b0 I (c) Military service typically performed prior to becoming an employee of the county. An eligible member is one who has service equaling at least the minimum period required to retire at age 60 with the county. Reinstater1aetrt of previously forfeited.service requires an actuarial study. Please cortEact TCDRS' for more ,.. ,, inforrnztion. Reinstatement (Buyback) of Previously Forfeited Service Credit under Sec. 843.003 You must receive an actuarial study describing the potential employer costs for granting this credit. To request a study, please contact TCDRS before October 1. ~ An explanation of the optioaal rights, aedits and benefits described on this page can be found in the attached instructions or by contacting TCDRS. Please refer to the Exhibit A for Yeaz 2005 to determine the additional employer rate associated with authorizing a particular optional right, credit and benefit descabed in this section. TCDRS * PO Box 2034 Austin, TX 78768 * 800-823-7782 * 512-328-8889 * Fax 512-328-8887 * www.tcdrs.org Page 3 of 6 eouNTr c TEXAS ORDER AMENDING A CURRENT VARIABLE-RATE PLAN DISTRICT RETIREMENT COUli1~/ -Revised 2004 SYSTE M V. Employer Contribution Rate The County hereby undertakes to make monthly normal contributions and prior service contributions to the System at an employer contribution rate that equals or exceeds the minimum required contribution rate (i.e., the "Total Rate" on the Exhibit A for 2005 plus the additional rates for any optional rights, benefits and credits elected in Section I~ determined from year to year by the actuary of the System, and approved by the Board of Trustees of the System as provided by Subchapter H of Chapter 844. Such employer contribution rate, which does not include the rate for "picked-up" contributions under Section 845.403(1) and the rate, if any, for contributions to the Supplemental Death Benefits Fund under Section 845.406, shall not exceed the statutory maximum employer contribution rate prescribed by Section 844.703(c) (currently 11 percent) unless this Commissioners Court elects to waive that statutory limit. Any waiver of the statutory maximum rate made in accordance with Section 844.703(c) shall remain in effect until January 1 of the year following the year in which the Commissioners Court repeals the waiver. An "elected" employer contribution rate adopted by the Commissioners Court that exceeds the Total Rate plus the additional rates for any optional rights, benefits and credits elected in Section IV, shall remain in effect until rescinded by the Commissioners Court or the Total Rate exceeds the "elected rate" in a subsequent year. For the 2005 year, the County shall make employer contributions to the System at the employer contribution rate of 7.90 %5. 5 The employer contribution rate should equal either (a) or (b): (a) the Total Rate shown on the Exhibit A for Year 2005, plus the sum of (if authorized): 1) the additional rate for the cost-of--living annuity benefit increase under Section 844.208 (CPI-Based Benefit Increase) or under Section 844.209 (Flat-Rate Benefit Increase); plus 2) the additional rate for 8-year vesting and retirement eligibility at age 60; plus 3) the additional me for Rule of 75 early retizemrnt eligibility; plus 4) the additional me for 20-year retirement eligibility at any age; plus 5) the additional rate for Partial Lump-Sum Payment (PLSP) option; plus OR (b) any percentage rate (e.g., 4%, 4.50%, 7%, 8%, 8.75%, 9.90%, 10%, 11 %) that is equal to or greater than the minimum required contribution rate computed in accordance with the instructions set out in Footnote 5a (immediately above). The County may elect to contribute at a Total Rate in excess of 11% or at an "elected rate" in excess of 11% only if the County waives the statutory maximum employer contribution me limit in accordance with section 844.703(c). The waiver of the statutory maximum employer contribution rate remains in effect until revoked by the commissioners court If the County elects to contribute at an "elected rate" above the Total Rate (includes any additional rates for plan changes), the "elected rate" will remain in effect until it is changed by a commissionus court order or the Total Rate exceeds the "elected rate" is a subsequent year. TCDRS * PO Box 2034 Austin, TX 78768 * 800-823-7782 * 512-328-8889 * Fax 512-3Z8-8887 * www.tcdrs.org Page 4 of 6 C O Y M T Y f TEXAS ORDER AMENDING A CURRENT VARIABLE-RATE PLAN DIiTRICT RETIREMENT CQU11'~/ -Revised 2004 SYSTE M Part Three: Clerk's Certification I~ Jannett Pieper ,Clerk of Kerr County and ex-officio Clerk of the Commissioners Court, do hereby certify that the foregoing is a full, true and correct copy of: Order Amending a Current Variable-Rate Plan, and of the official minutes pertaining to its adoption, as the same appear of record in the official minutes of the Commissioners Court of the County. SEAL Given under my hand and seal of office this 12th day of October 200 4 Clerk and Ex-Officio Clerk of the Comdiissioaers Court TCDRS * PO Box 2034 Austin, TX 78768 * 800-8Z3-7782 * 512-328-8889 * Fax 512-328-8887 * www.tcdrs.org Page 6 of 6 October 11, 2004 cost ors~e Box 2034 Austin, TX 78768-2034 (512)328-8889 800-823-7782 Fax: (512) 328-8887 To: Correspondents, County Judges and Governing Board Chairpersons "'`~~'.tcdrs.org From: Plan Administration Re: 2005 Plan Information Documents -SECOND NOTICE Uur most recent records indicate that we have not received the required 2005 plan information documents for your TCDRS retirement plan. All TCDRS employers must submit one of the following by December 15, 2004: 1) If your county or district is not making plan changes for 2005 - submit a No Plan Change Notice and Rate Acknowledgement signed by your correspondent, county judge, or governing board chairperson. 2) If your county or district is authorizing the variable-rate for the firsttime -submit an Order/Kerolution Adoptinga Variable-Rate Plan. 3) If your county or district is adopting new optional benefits, credits or rights for 2005, or authorizing a higher employer contribution rate (elected rate) -submit an Order/Resolution Amending a Current Variable-Rate Plan The effective date of all benefit plan changes will be January 1, 2005, provided that a completed order or resolution is received at our TCDRS office by December 15, 2004. However, to ensure that there is adequate time to review, process, or make proper corrections to your order or resolution, we strongly recommend that you submit paperwork well before this deadline. Please be aware that changes submitted after December 15, 2004 cannot be implemented. Failure to submit the necessary paperwork by the December 15, 2004 deadline will result in your plan deemed to have made no p1_an changes for 2005. If your county or district would like to consider plans with different benefit levels from those shown on the ExhibitA for Year 2005, please contact Plan Administration and request a Supplemental Exhibit A. Please contact Plan Administration if you have questions. We look forward to the opportunity to assist. Board Members John G Willy Amador E. Reyna Robert A. Eckels Daniel R. Haggerty Mitch Liles Bob Willis Chairman Pice-Chairssaa :~ Martha Gustavsen Jan Kennady Bridget McDowell