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HomeMy WebLinkAboutMINUTES - 09091997 - C87 1 oy 47 TO: BOARD OF SUPERVISORS 5£- .. Contra FROM: Phil Batchelor, County Administrator ' Costa Z DATE: August 19e 1997 �P County 'rrA cduT' SUBJECT: PURCHASE OF RETIREMENT SERVICE CREDIT FOLLOWING RETIREMENT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT the attached Resolution, making the provisions of Government Code Section 31485.7 applicable in Contra Costa County. BACKGROUND: Under current law, an employee must purchase all retirement service credit prior to the effective date of his or her retirement. Also under current law, an employee cannot withdraw funds from his or her deferred compensation account until after the employee retires, thereby effectively precluding the employee from using a portion of his or her deferred compensation savings to purchase retirement service credit. Some employees would appreciate the opportunity to use a portion of their deferred compensation to purchase retirement service credits. Legislation was enacted in 1996 (SB 792, Chapter 493 of the Statutes of 1996) which became effective January 1, 1997. This legislation, among other provisions, added Government Code Section 31485.7 to permit retirement service credit to be purchased up to 120 days following retirement, thereby permitting an employee to draw on his or her deferred compensation account to purchase retirement service credits. This legislation is only effective in a County where the Board of Supervisors, by Resolution, makes its provisions applicable in that County. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 4—APPROVE OTHER SIGNATURES ACTION OF BOARD ONSeptemberAPPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT __ AND CORRECT COPY OF AN ACTION TAKEN AYES: _NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. County Administrator CC: Retirement Administrator ATTESTED S Pn t P mb 9 1997 PHIL BATCHELOR,CLERK OF THE BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel Human Resources - Jonna �` � M382 (19188) BY .DEPUTY The Retirement Board recommends that the Board of Supervisors make Section 31485.7 effective in this County. This office concurs with this recommendation and therefore recommends that the Board of Supervisors adopt the attached Resolution. -2- IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Making ) Government Code Section 31485.7 ) RESOLUTION 97/468 Applicable in Contra Costa County 1 WHEREAS the State Legislature passed and the Governor signed into law SB 792 (Chapter 493, Statutes of 1996), which became effective January 1, 1997; and WHEREAS Chapter 493, Statutes of 1996 added Government Code Section 31485.7; and WHEREAS Government Code Section 31485.7 permits a member to purchase retirement service credit within 120 days after the effective date of his or her retirement; and WHEREAS Government Code Section 31485.7 is only operative in a county if the board of supervisors, by resolution, makes the section applicable in the county; and WHEREAS the Board of Retirement has recommended that the Board of Supervisors make Government Code Section 31485.7 applicable in Contra Costa County; and WHEREAS the Board of Supervisors finds that it would be to the benefit of its retiring employees to be able to purchase retirement service credit up to 120 days after the-effective date of their retirement; NOW, THEREFORE, be it by the Board of Supervisors of the County of Contra Costa RESOLVED that Government Code Section 31485.7 (as added by Chapter 493, Statutes of 1996) is hereby made applicable in Contra Costa County effective September 9, 1997. PASSED and ADOPTED by the unanimous vote of the Board on the ninth day of September 1997. 1 hereby certify that the foregoing is a true and correct copy of a resolution entered on the minutes of the Board of Supervisors on the date aforesaid. Witness my hand and the seal of the Board of Supervisors affixed this ninth day of September 1997. Phil Batchelor, Clerk of the Board of Supervisors and County Administrator. By (i .�. Deputy Clerk r CONTRA COSTA COUNTY EMPLOYEES' RETIREMENT ASSOCIATION DATE: June 12; 1997 TO: Phil Batchelor, County Administrator T* FROM: Pat Wiegert, Retirement Administrator SUBJECT: Service Purchases after Retirement, (Chapter 493) Chapter 493, effective January 1, 1997, contained a provision which allows Retirement System members to purchase service credits up to 120 days after retirement (Gov. Code Section 31485.7) . However, this provision does not become effective until adopted by the county's Board of Supervisors. The Board of Retirement recommends that the Board of Supervisors adopt Government Code Section 31485.7 to be effective on the date of adoption. Discussion The amount of a member's retirement benefit is determined, in part, by the number of years (service credits) the member worked in a position covered by this or a reciprocal retirement system. The benefit can be increased through the purchase of additional service credits for such things as time spent in the military, leave of absence time, and certain types of other public service time. However, existing law requires that all service purchases must be made before the member retires. The cost is usually quite high. And in order to have the money when the time comes to make a purchase, many members accumulate the necessary funds in other tax sheltered accounts (deferred compensation, 401 (k)) . Unfortunately, these tax deferred funds cannot be released until after the member's retirement which is, in turn, too late for the Retirement System to accept the purchase. If adopted by the Board of Supervisors, Government Code Section 31485.7 will eliminate this timing problem for many of our members. Fiscal Impact No impact on the General Fund. Slight increase in the cost to administer, the funds for which come entirely from investment income. Enclosed for your information are a copy of Chapter 493 with reference to Section 4, and the pertinent page from a memo on 1996 Legislation which was presented to the Retirement Board at its December 10, 1996 meeting. Please call me with- any questions. enclosures CHAPTER 493 (SB 792) Effective 1/1/97 Comments Makes several changes to "37 Act Law: 1) Provides that the benefit paid to an ex-spouse which is a portion of the member's benefit, continues to the ex-spouse or beneficiaries, until the member's death or the death of the member's new spouse. Permissive to Board of Supervisors. 2) Old law required all service purchases to be completed by retirement date. This law allows a service purchase to take place up to 120 days after retirement. Permissive to Board of Supervisors. 3) Cleans up language promulgated by AB 1021 last year which established and clarified the Board's authority with regard to custody and investment of trust assets. Mandatory. 4) Allows a disability retirement applicant to apply for and receive a service retirement pending Board action on the disability case. Mandatory. 5) Clarifies the marital status of a child who is otherwise eligible to receive a survivor benefit. Mandatory. Recommendation 1) Do nothing. Some county systems apparently allow an ex-spouse who is granted a portion of the member's benefit in a divorce action to name a beneficiary. Contra Costa County has never allowed an ex-spouse to name a beneficiary on the theory that the right to name a beneficiary is a right that one holds as a member. In this instance, the ex-spouse has not been granted membership rights, merely a right to collect a portion of the member's benefit. It's interesting to note that one can avoid much of the problem implied above by adopting the law that passed last year. That law allows systems to split accounts on divorce; and effectively gives the ex-spouse membership rights to name a beneficiary. This county has adopted the new divorce language. Therefore, adoption of this provision is neither warranted nor philosophically sound. 2) Recommend to the Board of Supervisors that it adopt this provision.. The Retirement Office will be aware of virtually all of those members who intend to purchase service after their retirement date. In these cases, we'll delay final benefit computation until the service purchase is completed. Members will be advised of the possible delay in receipt of their first check. 3-5) No action needed. These provisions are mandatory. Senate Bill No. 792 CHAPTER 493 An act to amend Sections 31458.3, 31590, and 31725.7 of, and to add Sections 31458.4, 31485.6, 31485.7, and 31780.1 to, the Government Code, relating to county retirement systems. [Approved by Governor September 14, 1996. Filed with Secretary of State September 16, 1996.] LEGISLATIVE COUNSEL'S DIGEST SB 792, Hughes. County employee retirement: benefits. (1) The County Employees Retirement Law of 1937 authorizes ex-spouses who are receiving payments from a county retirement system pursuant to a court order dividing community property to designate beneficiaries. This bill would terminate those benefits upon the death of the surviving ex-spouse. (2) Existing law requires payment for retirement service credit to be made prior to retirement. This bill would permit payments to be made within 120 days after retirement. (3) Existing law requires the retirement board to sign or authorize all warrants, checks, and electronic fund transfers drawn on the retirement fund. This bill would authorize the board to designate the treasurer. (4) Existing law requires members who file disability applications to wait 90 days before filing service retirement applications. The bill would permit members to file service retirement applications at any time. The bill would also prescribe the determination of marriage status for child survivor purposes. The people of the State of California do enact as follows• SECTION 1. Section 31458.3 of .the Government Code is amended to read: 31458.3. A member's ex-spouse who is receiving or is entitled to receive payments from the system, including a portion of the surviving spouse's allowance, pursuant to an order of the court dividing the community property interest in the member's retirement allowance may designate one or more beneficiaries who shall receive those payments following the death of the ex-spouse. Those payments shall terminate upon the death of the member or the surviving spouse. 95 . Ch. 493 —2 — This 2 —This section applies only to a county of the first class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961. SEC. 2. Section 31458.4 is added to the Government Code, to read: 31458.4. A member's ex-spouse who is receiving or is entitled to receive payments from the system, including a portion of the surviving spouse's allowance, pursuant to an order of the court dividing the community property interest in the member's retirement allowance may designate one or more beneficiaries who shall receive those payments following the death of the ex-spouse. Those payments shall terminate upon the death of the member or the surviving spouse. This section shall not be operative in any county until the board of supervisors, by resolution, makes this section applicable in the county. SEC. 3. Section 31485.6 is added to the Government Code, to read: 31458.6. Notwithstanding anything to the contrary in this chapter, a member who elects to purchase retirement service credit under Section 31494.3, 31641.1, 31641.5, 31646, or 31652, or under the regulations adopted by the board pursuant to Section 31643 or 31644 shall complete that purchase within 120 days after the effective date of his or her retirement. This section applies only to a county of the first class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961. SEC. 4. Section 31485.7. is added to the Government Code, to read: 31485.7. Notwithstanding anything to the contrary in this chapter, a member who elects to purchase retirement service credit under Section 31494.3, 31641.1, 31641.5, 31646, or 31652, or under the regulations adopted by the board pursuant to Section 31643 or 31644 shall complete that purchase within 120 days after the effective date of his or her retirement. This section shall not be operative in any county until the board of supervisors, by resolution, makes this section applicable in the county. SEC. 5. Section 31590 of the Government Code is amended to read: 31590. (a) All warrants, checks, and electronic fund transfers drawn on the retirement fund shall be signed or authorized by at least two board officers or employees, designated by the board or by the treasurer if designated by the board. If the treasurer is designated by the board, the board shall also designate the auditor to sign or authorize warrants, checks, and electronic fund transfers. The authorization may be by blanket authorization of all warrants, nc • €- � — 3 — Ch. 493 checks, or electronic fund transfers appearing on a list or register, or may be by a standing order to draw warrants, checks, or electronic fund transfers,which shall be good until revoked. If the treasurer and auditor are designated by the board, a warrant, check, or electronic fund transfer is not valid until it is signed or authorized, numbered, and recorded by the county auditor, except as provided in subdivision (c). (b) Any person entitled to the receipt of benefits may authorize the payment of the benefits to be directly deposited by electronic . fund transfer into the person's account at the financial institution of the person's choice under a program for direct deposit by electronic transfer established by the board or treasurer if authorized by the board. The direct deposit shall discharge the system's obligation in respect to that payment. (c) The board may, or, if authorized by the board, the treasurer shall, authorize a trust company or trust department of any state or national bank authorized to conduct the business of a trust company in this state or the Federal Reserve Bank of San Francisco or any branch thereof within this state, to process and issue,payments by check or electronic fund transfer. SEC. 6. Section 31725.7 of the Government Code is amended to read: 31725.7. At any time after filing an application for disability retirement with the board, the member may, if eligible, apply for, and the board in its discretion may grant, a service retirement allowance pending the determination of his entitlement to disability retirement. If he is found to be eligible for disability retirement, appropriate adjustments shall be made in his retirement allowance retroactive to the effective date of his disability retirement as provided in Section 31724. This section shall not be construed to authorize a member to receive more than one type of retirement allowance for the same period of time nor to entitle any beneficiary to receive benefits which the beneficiary would not otherwise have been entitled to receive under the type of retirement which the member is finally determined to have been entitled.In the event a member retired for service is found not to be entitled to disability retirement he shall not be entitled to return to his job as provided in Section 31725. If the retired member should die before a final determination is made concerning entitlement to disability retirement, the rights of the beneficiary shall be as selected by the member at the time of retirement for service. The optional or unmodified type of allowance selected by the member at the time of retirement for service shall also be binding as to the type of allowance the member receives if the member is awarded a disability retirement. SEC. 7. Section 31780.1 is added to the Government Code, to read: 95 Ch. 493 —4- 31780.1. 4-31780.1. A child eligible to receive a survivor benefit under Section 31760.1, 31781.1, 31786, or 31787 shall be considered unmarried if the child is not married as of the date the member dies, whether or not the child was previously married. If the child thereafter marries,eligibility for the survivor benefit shall terminate, and the benefit shall not be reinstated if the child subsequently returns to unmarried status. O 95