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HomeMy WebLinkAboutRES NO 169-06 169-06 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF BAKERSFIELD FOR ADOPTION OF THE V ANT AGECARE RETIREMENT HEAL TH SAVINGS (RHS) PROGRAM FOR THE EMPLOYEES OF THE BAKERSFIELD POLICE OFFICERS ASSOCIATION Plan Number: 801553 Name of Employer: City of Bakersfield State: California Resolution of the City of Bakersfield (Employer): WHEREAS, the Employer has employees rendering valuable services; and WHEREAS, the establishment of a retiree health savings plan for such employees serves the interests of the Employer by enabling it to provide reasonable security regarding such employees' health needs during retirement, by providing increased flexibility in it personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined that the establishment of the retiree health savings plan (the "Plan") serves the above objectives; NOW, THEREFORE BE IT RESOLVED, that the Employer hereby adopts the Plan in the form of the ICMA Retirement Corporation's VantageCare Retirement Health Savings program. BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Employer serving as trustee, for the exclusive benefit of Plan participants and their beneficiaries, and the assets of the Plan shall not be diverted to any other purpose prior to the satisfaction of all liabilities of the plan. The Employer has executed the Declaration of Trust ofthe City of Bakersfield integral Part Trust in the model trust made available by the ICMA Retirement Corporation. BE IT FURTHER RESOLVED, that the Finance Director shall be the coordinator and contact for the Plan and shall receive necessary reports, notices, etc. ----------000---------- «. ò M(-» o ~ >- m ,-- ,', ,. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JUN 2 1 2006 by the following vote: CMËS) NÕËS: ABSTAIN: ABSENT: ~ ___ v-- .-- .....---- J--- COUNCIL MEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER {1.~ CITY CLERK and Ex Officio Council of the City of Bakers APPROVED JUN 2 1 2006 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By Cþ4ßL~ / ¡: DA.K(<) .:J . /(~'J -r. >- c_ -" OHlc;¡NAI EMr-~ .....VER VANTAGECARE RETIREMENT HE,.__{H SAVINGS (RHS) PLAN ADOPTION AGREEMENT Plan Number: 8 ð l 5"~ 3 Employer Retirement Health Savings Plan Name: c; "i .F & ~..~~ ë\ ~ Po , ~ t.E Y\ ... t4 I. Employer Name: c:.~ ~ .'f ~ ~ "-Ðt!Þ~ ë \\) State: CA. II. The Employer hereby attests that it is a unit of a state or local government or an agency or instrumentality of one or more units of a state or local government. III. The Effective Date of the Plan: "J "'" 't 'l 00 l. IV. The Employer intends to utilize the Trust to fund only welfare benefits pursu'ant to the following welfare ben- efit plan(s) established by the Employer: V. Eligible Groups and Participant Eligibility Requirements A. The following group or groups of Employees are eligible to participate in the VantageCare Retirement Health Savings Plan: ~ All Employees All Full-Time Employees Non-Union Employees Public Safety Employees -- Police Public Safety Employees -- Firefighters General Employees Collectively-Bargained Employees (Specify unit) ß"o A Other (specify below) x , The group specified must correspond to a group of the same designation that is defined in the statutes, ordi- nances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. If the Employer's underlying welfare benefit plan or funding under this VantageCare Retirement Health Savings Plan is in whole or part a non-collectively bargained. self-insured plan, the nondiscrimination requirements of Internal Revenue Code (IRC) Section 105(h) will apply. These rules may impose taxation on the benefits r~~:c () 0,.,0{"', > 11 '\,((',\\\lA-! by highly compensated Empluyees if the Plan discriminates in favor of I.,ghly compensated Employees in terms of eligibility or benefits. The Employer should discuss these rules with appropriate counsel. B. Participant Eligibility 1. Minimum period of service required for participation is ~ (write N/A if an Employee is eligible to partici- pate or to elect to participate immediately upon employment). 2. Minimum age required for eligibility to participate is ~ (write N/A if no minimum age is required). VI.Contribution Sources and Amounts A. Mandatory Contributions 'fl- 1. Direct Employer Contributions The Employer shall contribute on behalf of each Participant _% of earnings or $ Year. for the Plan Definition of earnings: ~'~ cC ,^,,-o \..." . ~ 2. Mandatory Leave Contributions The Employer will make mandatory contributions of leave as follows: Accrued Sick Leave* 0 Yes ø No Accrued Vacation* 0 Yes fJ No Other* (describe) DYes 0 No * Please provide the formula for determining the Accrued Leave contribution: An Employee shall llQt have the right to discontinue or vary the rate of annual leave contributions. o 3. Mandatory Employee Compensation Contributions The Employer will make mandatory contributions of Employee compensation as follows: o Reduction in Salary - % of earnings (as defined in VI.A.1.) or $ will be contributed for the Plan Year. / .' o Decreased Merit or Pay Plan Adjustment - All or a portion of the Employees' annual merit or pay plan adjustment will be contributed as follows: An Employee shall not have the right to discontinue or vary the rate of mandatory contributions of Employee compensation. 12 «. \~A.K~-» o (~ ::: íT1 ~..... r- ,./ C) OH!r';INAi 13 '< \'; AI<. (, ,'> ,)J _ 0' >- -r\ fif I~-; ¡- '~i.i!r 'I \' A(::; , . ..', . I ~11 ...-~--""'" -,. C. Limits on Total Contributions The total contribution on behalf of each Participant (including both Mandatory and Elective Contributions) for each Plan Year shall not exceed the following limit(s): o 0$ o % of earnings (as defined in VI.A.1.). There is no Plan-defined limit on the percentage or dollar amount of earnings that may be contributed. Limits on individual contribution types are defined within the appropriate section above. See Section V.A. for a discussion of nondiscrimination rules that may apply to non-collectively bargained self- insured Plans. 14 'ò f!o.K ¢.y ,~ <.P u -(\ rn r- {", q¡r;INAJ-- VII. Vesting Schedule A. The account is 100% vested at all times, unless specified otherwise in B. below. B. The following vesting schedule applies to Direct Employer Contributions outlined in V I. A. 1 : Years of Service Completed Specified Percent Vesting _% % -% -% _% _% % ==% _% C. The account will become 100% vested upon the death, disability, retirement, or attainment of benefit eligibility by a Participant. Definition of retirement: D. Any period of service by a Participant prior to a rehire of the Participant by the Employer shall not count toward the vesting schedule outlined in B. above. VIII. Forfeiture Provisions Upon separation from the service of the Employer or upon reversion to the Trust of a Participant's account assets remaining upon the participant's death (as outlined in Section XI), a Participant's non-vested funds shall: o Remain in the Trust to be reallocated among all Plan Participant's as Direct Employer Contributions for the next and succeeding contribution cycle(s). -pi.. Remain in the Trust to be reallocated on an equal dollar basis among all Plan Participants. o Remain in the Trust to be reallocated among all Plan Participants based upon Participant account bal- ances. o Revert to the Employer. In the case of separation from service, the Participant's non-vested funds shall be applied as shown above. In the case of reversion due to the Participant's death under Section XI, the remaining account assets shall be applied as shown above. IX. Eligibility Requirements to Receive Medical Benefit Payments from the Vant8geCare Retirement Health Savings Plan A. A Participant is eligible to receive benefits: )( , At retirement only (as defined in Section VII.C.) At separation from service with the following restrictions J.., .. fl.~.r4 :c- ~ At age only At retirement and age At retirement or age 'ì)Jl..K$"-9 (~ ~. Y nì 1- ~ .... 15 . . JRI(;iNAi B. Termination prior to general benefit eligibility: A Participant who St;;parates from the service of the Employer prior to attaining benefit eligibility as outlined in Section IX.A. or C. will be eligible to receive benefits: pJ' Immediately upon separation from service. D At age C. A Participant who dies or becomes totally and permanently disabled (as defined by the Social Security Administration) will become immediately eligible to receive medical benefit payments from his/her VantageCare Retirement Health Savings Plan account. X. Permissible Medical Benefit Payments Benefits eligible for payment consist of: A. J< All Medical Expenses eligible under IRC Section 213* other than direct long-term care ex~enses, OR B. The following Medical Expenses (select only the expenses you wish to cover under the VantageCare Retirement Health Savings Plan): Medical Insurance Premiums Medical Out-of-Pocket Expenses* Medicare Part B Insurance Premiums Medicare Supplement Insurance Premiums COBRA Premiums Dental Insurance Premiums Dental Out-of-Pocket Expenses* Long Term Care Insurance Premiums Other (Must be eligible under IRC Section 213)* * See Section V.A. for a discussion of nondiscrimination rules which may apply to non-collectively bargained, self-insured Plans. XI. Death Benefit In the event of a Participant's death, the following shall apply: Account Transfer: The surviving spouse and/or surviving eligible dependents (as defined in Section XIIJ.F.) of the deceased Participant are immediately eligible to maintain the account and utilize it to fund eligible medical bene fits specified in Section X above. Upon notification of a Participant's death, the Participant's account balance will be transferred into the Vantagepoint Money Market Fund*. The account balance may be reallocated by the surviving spouse or dependents. * Please read the current prospectus carefully prior to investing. An investment in this fund is neither insured nor guaranteed and there can be no assurance that the Fund will be able to maintain a stable net asset value of $1.00 per share. Vantagepoint Mutual Funds are distributed by ICMA-RC Services, LLC, a controlled affiliate of ICMA Retirement Corporation. Member NASD/SIPC. If a Participant's account balance has not been fully utilized upon the death of the eligible spouse, the account balance may continue to be utilized to pay benefits of eligible dependents. Upon the death of all eligible depend ents, the balance will be available for medical benefits for the designated beneficiary of the last dependent or spouse to die. Assets remaining upon the death of a designated beneficiary shall be available for medical bene- fits of the beneficiary's designated beneficiary. If there is no living beneficiary(ies), the account will revert to the Plan to be applied as specified in Section VIII. <¿,(I"Kf' 1J<..r '-("I >. ,.~. rn r- {', )RiC,iN/\i - 16 There will be no elective withholdinr 'f federal, state, or local taxes for medir--' benefit payments to the Participant's spouse's or dependent, .Jesignated beneficiary(ies). If there are no living spouse or dependents at the time of death of the Participant, the account will be availabie for medical benefits for the designated beneficiary(ies) of the Participant. Assets remaining upon the death of all designated beneficiaries shall be available for medical benefits of the beneficiary's beneficiary. If there is no liv- ing beneficiary(ies), the account will revert to the Plan to be applied as specified in Section VIII. There will be no elective withholding of federal, state, or local taxes for medical benefit payments to the Participant's beneficiary(ies) or any beneficiary's beneficiary. XII. De Minimis Accounts Upon separation from the service of the Employer prior to a Participant becoming eligible for medical benefits from a VantageCare Retirement Health Savings Plan account, Participant accounts that are considered de min- imis as specified below will be paid to the Participant. o The de minimis account value shall be $5,000 or less. o The de minimis account value shall be $ $5,000) or less. (insert dollar amount between $0 and . o The Plan shall not allow de minimis account distributions. XIII. The Plan will operate according to the following provisions: A. Employer Responsibilities 1. The Employer will submit all VantageCare Retirement Health Savings Plan contribution data via electronic submission. 2. Participant status updates and/or changes or personal information updates and/or changes (Participants' termination dates, Participants' benefit eligibility dates, etc.) will be provided via electronic submission. B. Participant account administration fees will be paid through the redemption of Participant account shares, unless agreed upon otherwise in the Administrative Services Agreement. C. Employer plan fees will be paid by the Employer as outlined in the Administrative Services Agreement. D. Assignment of benefits is not permitted. E. Payments to an alternate payee (payee other than a Participant) are not permitted with the exception of reim- bursement of health insurance premiums to the Employer. F. An eligible dependent is the Participant's lawful spouse and any other individual who is a person described in IRC Section 152(a). G. The Employer will be responsible for withholding, reporting and remitting any applicable taxes, as outlined in the VantageCare Retirement Health Savings Plan Employer Manual. XIV. The Employer hereby acknowledges it understands that failure to properly fill out this Employer VantageCare Retirement Health Savings Plan Adoption Agreement may result in the loss of tax exemption of the Trust and/or loss of tax-deferred status for Employer contributions. 17 òM£'-9 .~ <1' '~ -f\ .. ill r- "--q¡r~¡r~,A,(::: ~~~----.r EMPLOYER~ By ~_ Title: _ _~~ Attest: Accepted: Vantagepoint Transfer Agents, LLC f~ CL '"t~ Corporate Treasurer I6ÄKf" -5;y -('I m ;- ^, ¡',...... "..,j ^)H¡CiNfll VantageCare Retirement Health Savings Plan Implementation Data Form - Page 1 ~ Instructions to Employer: Provide necessary information to establish your plan properly. Please contact your New Business Analyst at 1-800-326-7272, if you have any questions. ICMA RETIREMENT CORPORATION ICMA-RC Use Only 1. Employer # General Information 2. (902) Employer's Full Name: tJit:y JJf ~L~ ~ 3. (924) St~etAddress: /5"dl ~ ~ (925)ð~) ~9 4. (918) City: Æ-~ø IL (919) State: 'CÁ (9¡¿) Zip Code: q ~so 9 5. (633) Primary Contact: Alét. '5 L)1J -:Sml-rfl 6. (634) Primary Contact Title: rOt! A-Iv't!£ l:>1(!.,~C/Tó¡'¿.) 7. (631) Primary Contact Telephone #: (tpIÞI ) :1 "-to - 3'1J.f-O 8. (632) Fax #: (fL!!l) 3 ~ l, - g7,- 0 9. (PTOO) E-mail Address: 10. (882) Employer's Federal Tax Identification Number: q s- (pOOtJ (,7 11. # ofEmployees: 14¿J 0 12. # of Employees Eligible for Plan Participation: ~t) 13. # of Employees Eligible to Receive Medical Benefits: Plan Implementation Information 14. Plan level Quarterly Statements: (Note: * = default)_/ a. Sort Order: (629) 0 ß=SSN* IJl N=Name b. Output Media: (627) IJt' P=Paper* 0 M=Microfiche c. Type: (626) [JYS=Summary* 0 D=Detail o B=Bound 15. (611) Contribution Information: (Note: * = default) a. Frequency: (check one): 1!rÍ0) Bi-weekly* o (1) Weekly o (2) Semi-weekly o (3) Bi-monthly o ( ) Other: b. Deposit Medium: (624) ar"6,eck * 0 Wire o (4) Monthly o (5) Semi-Monthly o (6) Bi-quarterly o m Quarterly o (8) Semi-quarterly o (9) Bi-annually o (10) Annually o (11) Semi-annually o EFT c. Data Medium: EZ Link Required to participate in RHS Plan d. First Contribution Date Following Implementation: ~ /, / tJ t, I . \). v; ,i:.A .."~( ~ /:p .,., >- m ICMA Retirement Corporation' Attn: Records Management Unit· P.O. Box 96220 . Washington, DC 20090-6220 . Toll Free 1-800 e69-7400 ,ç ',.-' '-..J ")R,;I!\IAI 20 .-_.~--_. ,------....-- .--. --.,. ---p---.......- Plan Coordinator Information t This infQ771¡Jtioo must be ccmpie(e; to é1VOid ¡xrĊ“ssirY; delays.) IV'I " 0 ICMA RETIREMENT CORPORATION !.AI InitIal Access Request Change Access Request ttL1r" ~ F~ Contribution Date Following Plan Imp/emematl .' . v Vv "if. C; S. Plan Name·: C'-#.y of (3AK6tZ.SPU!;"(..o - ~A~r.~6. ~__ '1.(; L~ Plan Number·: $(0 II (¡, Lf Plan Coordinator Name: Sandra Jimenez Phone Number: 661-326-3031 Email Address:siimenez@bakersfieldcity.us Mailing Address: 1501 Truxtun Avenue City: Bakersfield ~ Unk ""'- F- ~ internal NBU use only: User 10: C EZLINK ACCESS FORM 1 ~ Title: Ass is tan t Finance Direc tc Fax: 661-852-2040 State: CA Zip: 93301 2 You must provide the "Password Holder Information" to establish a User id and password for the Plan Coordinator, Total Number of User ID's: o Delete User ID Password Holder Information and On-line Withdrawal Option User ID (ifa change) Name: T. S. Liew Title: Applications Systems Supervisor Phone #: 661-326-3772 email Address:tsliew@bakersfieldcity.us Access: Balancesllnquiry Enrollments/Rehires Participant Changes (name. address. etc.) _Y_N _Y_N _Y_N Contributions & Loan Repays: File Transfer On-Line Entry On-line Withdrawals LY_N _Y_N _Y_N ..,..,................... -.'..'....'...........'.........'...................................,...................,..........................., ....................... ..... User ID (if a change) Name: ::~d~a Jimenez Title: Same as above Phone #: o Delete User ID Email Address: Access; Balancesllnquiry Enrollments/Rehires Participant Changes (name. address. etc,) _Y_N _Y_N _Y_N Contributions & Loan Repays: File Transfer On-Line Entry On-line Withdrawals ]LY _N _Y_N _Y_N ....,.,...........,....,....,....,........................ ......... ......,.... ............................,................ ........,........,........ ..................... User ID (if a change) Name: Hi 11 Gi 1 tner Title: Accountant I Phone #: ,;,; 1 -1 ?';-17 4Q Acces~: Balanceslfnquiry Enrollments/Rehires Participant Changes (name. address. etc.) o Delete User ID _Y_N _Y_N _Y_N Email Address: bsdltner@bakersfieldci ty .us User ID (if a change) 0 Delete User ID Name: Title: Phone #: Email Address: Acces~; Balances/lnquiry _ Y _N Contributions & Loan Repays: Enrollments/Rehires _ Y _N File Transfer _ Y _N Participant Changes _ Y _N On-Line Entry _ Y _N (name. address. etc.) On-line Withdrawals _Y _~. ,?:,p.,K~~ ..Q',p Please fax your completed EZLink Access Form to the "EZLink Administrator" at 1.202.9~-4601. * FRM~,g.200309cS r)¡:;;r;iNAI ,...,."........,...".......,........."..,......,...,.....,........,.............,........ ..........,...............,.... ............... ............... ......... ........ Contributions & Loan Repays: File Transfer On-Line Entry On-line Withdrawals x.. Y _N _Y_N _Y_N VantageCare Retirement Health Savings Plan Implementation Data Form - Page 2 Plan Contacts (If any item #16-21 is left blank, the Primary Contact in #5 will receive mailings Payroll Contact Information Please indicate alternate addresses in Coments Section Contribution Contact Information Trustee Contact Information Billing (Fees) Contact Information Comments: (Alternate Addresses for #16-21 ) Internal Use Only 16. PTOl (200) (200) (420) 17. PT08 (200) (200) (420) 18. PT09 (200) (200) (420) ~ ICMA RETIREMENT CORPORATION Contact Signature: Contact Name: Contact Title: Telephone: VdzL~$ -- '3 Fax: (_) Contact Signature: '. I . . Contact Name: _ ___.J Contact Title: Telephone: (fN/) :5~v - *'1l./-'1 Fax: (_) Contact Signature: Contact Name: Contact Title: Telephone: (_) Fax: (_) 19. PT02 (200) (200) (420) 20. PT10 (200) (200) (200) 21. PT06 (200) (200) (420) 641 Contact Name: Contact Title: Telephone: (_) Fax: (_) Trustee Name: Trustee Title: Trustee Address: Street City (420) Telephone: (_) ~ , ~ ~ , I¡ ·1 i ~ .¡.; ~; ~ ;} iõ " ~. ICMA Retirement Corporation· Attn: Records Management Unit. P.O. Box 96220. Washington, DC 20090-6220. Toll Free 1-800669-7400 'òP-kt « 0' õ> o -{\ State Zip Fax: (_) Contact Name: Contact Title: Telephone: (_) Fax: (_) 912_ 608 21 >. m .- c'''} . ·HH·~ !\I AI / I,,: