R-883 - 08/10/2004 - CMA - Resolutions Supporting Documents•
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AGENDA ITEM
Regular Board of Trustees Meeting
of
August 10, 2004
i
SUBJECT: Amendment to the Village ICMA -RC 457 Benefit Program: Authorization to allow
for Personal Loans in addition to Hardship Withdrawals
FROM: Jeffrey P. Moline, Assistant Village Manager_
BUDGET SOURCE /BUDGET IMPACT: N/A
RECOMMENDED MOTION: I Move to approve Resolution 2004 - ICMA -R -883, A
Resolution Amending the ICMA -RC 457 Deferred Compensation Plan of the Village of
Oak Brook to Permit Loans
Background /History:
The Village of Oak Brook provides employees of the Village with access to the ICMA -RC 457
Benefit Program, a Public Employer plan similar to the standard 401K plan common among
private employers. Over the past few years, changes in IRS laws and amendments to the ICMA
457 plan have attempted to narrow the gap between the differences between the versions of these
deferred compensation plans. Portability, investment options, and annual caps are some of the
changes that have been made to the plan since the inception of the 457 plan.
As you are aware, the ICMA -RC 457 Plan is a deferred compensation plan allowing employees
to defer salary to this investment prior to tax with tax due upon withdrawal at retirement. The
simple theory is that upon withdrawal, the employee will likely be in a lower tax bracket
allowing for a lower rate of tax on this retirement investment. There are specific provisions for
employees to withdraw funds from their individual accounts prior to retirement or separation
which is accompanied by a large penalty in the form of the level at which the withdrawal is
taxed. These withdrawals are allowed in "hardship" cases and the penalties result in a double
negative upon the employee.
The proposed amendment is yet another change to the plan document that would allow
employees to take a loan from their personal account following pre- established guidelines for the
Last saved by Administrator J \My Documents\ASSISTANT MANAGER FILES\ WORDDOC\PERSONNE \Benefits\AGENDA ICMA 457 doc
Last printed 8/5/2004 11 15 AM ,% ,
loan. This loan thereby removes the penalty taxes that would normally be assumed by the
employee in the previous "hardship withdrawal." The guidelines, though tentative as they are set
by the employer include:
1. A Maximum withdrawal of 50% of the employees individual account balance or
$50,000.00
2. The purposes in which a loan is allowed
3. Only one (1) loan outstanding at a time.
4 Five (5) year repayment period
5. Separation from employment guidelines
6. 'Loans are allowed for only active employees
The Village will have two responsibilities with the implementation of this plan amendment. The
first, the payroll department will establish a payroll deduction from the employee's paycheck
according to the amortization schedule established along with the standard 457 payroll wire. If
an employee separates from the Village, the employee is responsible to mail payment until
repayment is complete. If an employee defaults, then the prior penalties will be withdrawn
against the employee's personal account. This amendment will serve as a benefit to the
employees with no additional time commitment or expense to the Village.
Recommendation:
Staff recommends that the Village Board approve Resolution 2004- ICMA -R -883, A Resolution
Amending the ICMA -RC 457 Deferred Compensation Plan of the Village of Oak Brook to
Permit Loans.
Last saved by Administrator J \My Documents\ASSISTANT MANAGER FILES\ WORDDOC\PERSONNE\Benefits\AGENDA ICMA 457 doe
Last printed 8/5/2004 11 15 AM
10 Mr. Knuth asked what happened to the $54,000 severdnce package given to Mr Pisarek.
Trustee Aktipis stated the Board is waiting for the Village Attorney's opinion on this
issue. Trustee Aktipis suggested if that money was used as an incentive to create a crisis.
Trustee Korin stated Attorney Kubiesa must first address the legality of the contract and
hopes that will be at the next Village Board meeting. If it is not valid, the Board could
speak to the issue then but the funds will not be returned.
Trustee Korin asked Clerk Gonnella why Freedom of Information requests were denied
for release of Chief Pisarek's contract. She explained that as the Attorney has stated It
may not be released to the public. Trustee Korin stated it is public funds and that any
document with public funds could be released Attorney Kubiesa explained the document
by its terms is confidential and that is why it is not released. He stated it is an agreement
between the parties to keep the terms of the agreement confidential. Trustee Zannis asked
I
ho agreed to that. President Quinlan stated this is standard language
A. CONFIRMATION OF APPOINTMENTS - None.
B ORDINANCES & RESOLUTIONS
;OLUTION 2004 - ICMA -R -883, "A RESOLUTION AMENDING A
DEFERRED COMPENSATION PLAN OF THE VILLAGE OF OAK BROOK
TO PERMIT LOANS"
The Village of Oak Brook provides employees of the Village with access to the
ICMA -RC 457 Benefit Program, a Public Employer plan similar to the standard
401K plan common among private employers. Over the past few years, changes
in IRS laws and amendments to the ICMA 457 plan have attempted to narrow the
gap between the differences between the versions of these deferred compensation
plans. Portability, investment options, and annual caps are some of the changes
that have been made to the plan since the inception of the 457 plan
The ICMA -RC 457 Plan is a deferred compensation plan allowing employees to
defer salary to this investment prior to tax with tax due upon withdrawal at
retirement. The simple theory is that upon withdrawal, the employee will likely
be in a lower tax bracket allowing for a lower rate of tax on this retirement
investment. There are specific provisions for employees to withdraw funds from
their individual accounts prior to retirement or separation which is accompanied
by a large penalty in the form of the level at which the withdrawal is taxed.
These withdrawals are allowed in "hardship" cases and the penalties result in a
double negative upon the employee.
The proposed amendment is yet another change to the plan document that would
allow employees to take a loan from their personal account following pre-
established guidelines for the loan. This loan thereby removes the penalty taxes
VILLAGE OF OAK BROOK Minutes Page 14 of 29 August 10, 2004
Ic
10 B 1
that would normally be assumed by the employee in the previous "hardship
withdrawal." The guidelines, though tentative as they are set by the employer
include
1. A Maximum withdrawal of 50% of the employees individual account balance
or $50,000 00
2. The purposes in which a loan is allowed
i
3 Only one (1) loan outstanding at a time
4. Five (5) year repayment period
5. Separation from employment guidelines
6. Loans are allowed for only active employees
The Village will have two responsibilities with the implementation of this plan
amendment. The first, the payroll department will establish a payroll deduction
from the employee's paycheck according to the amortization schedule established
along with the standard 457 payroll wire. If an employee separates from the
Village, the employee is responsible to mail payment until repayment is complete.
If an employee defaults, then the prior penalties will be withdrawn against the
employee's personal account This amendment will serve as a benefit to the
employees with no additional time commitment or expense to the Village
The Board asked that this item be discussed further. Trustee Zannis asked who
initiated this request. Manager Boehm explained that staff requested this, as
ICMA 457 is an employee owned account that each employee may elect to defer
some of their compensation to this plan. Under this process an employee could
go into their own 457 Plan and take a loan out of their plan at no cost to the
Village which is allowed under the tax code. It is simply a self - directed
retirement account of the employees choosing. Trustee Korin stated such loans
have interest attached to them. Manager Boehm explained that this is not
included at this time as staff is still determining the rules, as there likely will be
an interest charged. Manager Boehm explained that the Board would not need to
approve of this. The basic rules are being designed for a maximum of 50% of
your account or up to $50,000 It has no bearing on the municipal finances as it is
an outside deferred comp plan through the International City Managers
Association. They would handle all of the processing of any loans. The Village
would have a payroll deduction for this and there is a five -year pay back of the
loan as the burden is on the employee
Motion by Trustee Yusuf, seconded by Trustee Korin, for passage of Resolution
2004 - ICMA -R -883, "A Resolution Amending the ICMA -RC 457 Deferred
Compensation Plan of the Village of Oak Brook to Permit Loans " ROLL CALL
VOTE:
Ayes: 4 - Trustees Aktipis, Korin, Yusuf and Zannis.
VILLAGE OF OAK BROOK Minutes Page 15 of 29 August 10, 2004
NO.
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10 B. 1)
Nays: 0 - None
Absent: 2 - Trustees Caleel and Craig. Motion carried.
2) ORDINANCE 2004 -PL -G -754, "AN ORDINANCE AMENDING TITLE 1
( "ADMINISTRATION ") OF THE VILLAGE CODE OF THE VILLAGE OF
OAK BROOK WITH RESPECT TO THE RESPONSIBILITIES, DUTIES AND
AUTHORITY OF THE VILLAGE MANAGER (CHAPTER 5, ARTICLE A)"
The Village Board at its July 27, 2004 meeting directed the Village Attorney to
draft an ordinance limiting the Village Manager's authority to hire, promote or
reassign duties of Village employees. The Village Board also directed the Village
Attorney to lower the manager's spending authority to $5,000 00 This ordinance
alters the text of the Village Code to accomplish the stated goals of the Village
Board.
President Quinlan asked for a motion to deny. Motion by Trustee Atkipis,
seconded by Trustee Zannis, to deny the motion for purposes of discussion.
President Quinlan stated his opposition to this ordinance as he does not wish to
plan on spending forty to fifty hours a week working at the Village or would the
Board be working at the Village. Trustee Zannis stated she asked for the text to
be written. She explained for the record that this in no way reflects the
capabilities of Village Manager Boehm or the trust the Board has in the Manager
This is intended to only protect him She explained when a Board is not in
agreement with something very critical, little things become bigger things. It
would be easy for the Manager to be caught in the middle with different Board
members asking him to do different tasks. Limiting his authority will force the
Board to resolve their differences so that when the Village Manager is given
direction it is with a common voice and for the good of Oak Brook. Otherwise,
he will torn between the two as there is sentiment in the Village of who is doing
specific things in the Village. He is one of the most valuable resources of the
Village and she does not want him to be compromised or his position.
Trustee Yusuf stated he didn't have a problem with Sections 2, ) 3 or 4 but he
asked in Section 1 that the Village Manager have the minimum authority to make
any moves or changes until the next Village Board meeting to consider it.
Trustee Zannis stated that the Administrative Assistant Rimbo could telephone
poll the Board and formalize it at the subsequent meeting.
Trustee Korin asked if there are other positions that are open other than the Police
Department. Manager Boehm explained there are two positions open in the
Public Works Department and Finance Department which is the Payroll
Administrator. Those positions are coming up quickly which are full -time
VILLAGE OF OAK BROOK Minutes Page 16 of 29 August 10, 2004
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