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R-1147 - 12/27/2011 - PERSONNEL - Resolutions Supporting DocumentsITum 3.A. .• 'z�t3/a . =Von AGENDA ITEM Special Board of Trustees Meeting of December 27, 2011 SUBJECT: Resolution Amending Personnel Manual FROM: David Niemeyer, Village Manager BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: Motion to approve Resolution 2011-PL- IMRF- EXI -R- 1147, a Resolution Approving an Amendment to the Village of Oak Brook Personnel Manual. Background/History: Recently, the General Assembly passed legislation that requires municipalities to accelerate municipal pension contributions whenever certain employees nearing retirement have increases in their compensation of more than 6 %. However, there could be scenarios where an employee's final year of compensation could exceed 6% if you take into account unused vacation and sick time or other benefit increases. Oak Brook would be penalized by having to make an accelerated pension payment in this case according to this new law. However, the new law does allow municipalities to exempt current employees from this but only if the municipality takes action before December 31, 2011. By passing this amendment (the Safe Harbor Proposal) to the personnel manual, Oak Brook is potentially saving the cost of having to make accelerated pension payments for employees hired before January Is' whose rate of earnings plus benefit increases in any year exceed 6 %. The attached memorandum from the Village Attorney provides additional information and the applicable statute. Recommendation: That the Village Board approve Resolution R -1147 amending the Village of Oak Brook personnel manual. 0� Last saved by DEFAULT J: Wgenda Items\Rslm Amendg Personnel Manul -IMRF Safe Harbor 12 -27 -1 Ldoc Last printed 12/22/2011 10:44 AM RESOLUTION 2011 -PL- IMRF -EX1 -R -1147 A RESOLUTION APPROVING AN AMENDMENT TO THE VILLAGE OF OAK BROOK PERSONNEL MANUAL WHEREAS, the Village has previously adopted a personnel manual (the "Manual ") setting forth the general policies of the Village regarding the terms of employment with the Village; and WHEREAS, the Village Board desires to ensure that the various provisions of the Manual do not inadvertently trigger accelerated payments to the Illinois Municipal Retirement Fund in light of the recently adopted Public Act 97 -0609; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Amendment to Village Personnel Manual. The Village's personnel manual is hereby amended by adding a new section 7.14 to the personnel manual relating to employees who have begun service before January 1, 2012, which new section is attached as Exhibit A to this Resolution. Section 2: Effective Date. This resolution shall be in full force and effect immediately upon its passage and approval in the manner provided by law. Ayes: APPROVED THIS _day of December, 2011 Gopal G. Lalmalani Village President PASSED THIS day of December, 2011 ATTEST: Charlotte K. Pruss Village Clerk Resolution 2011 -PL- IMRF -EXI -R -1147 Approving an Amendment to the Village of Oak Brook Personnel Manual Page 2 of 2 EXHIBIT A Safe Harbor Provision Regarding Employees Who Begin Service Before January 1 2012 7.14 Employees Who Beain Service Before January 1, 2012: In addition to any other categories under which an employee of the Village may be classified pursuant to the Village's personnel manual, there shall be a class of employees who began service with the Village prior to January 1, 2012 (a "Pre -2012 Employee "). To the maximum extent authorized by law, for all Pre -2012 Employees, it is the policy of the Village not to include as part of such employee's reported earnings for any of the 12 -month periods that may be used to determine such employee's final rate of earnings, any of the earnings, adjustments, payments, benefits, or compensation that are provided for or otherwise allowed pursuant to the terms of this personnel manual for purposes of making accelerated contributions or payments to the Illinois Municipal Retirement Fund in accordance with 40 ILCS 517- 172(k), including without limitation: a. Increases in vacation time earned as a result of seniority or continued service; b. Increases in authorized accrual of vacation time as a result of seniority or continued service; C. Increases in sick leave time earned as a result of seniority or continued service; d. Increases in authorized accrual of vacation time as a result of seniority or continued service; e. Payments made from selling back to the Village any accrued vacation or sick leave time; f. Changes to insurance benefits that are generally applicable to all Pre -2012 Employees; g. Increases in annual compensation based on seniority or continued service, including "step" increases; h. Adjustments in annual salary based on increases to the Consumers Price Index or another generally accepted index of inflation; i. Merit bonuses; and j. Payments made as reimbursement of amounts paid to an employee for use of a personal vehicle or other equipment or property. The provisions of this Section are intended to be severable in the event that any part of this Section is found not to be enforceable under applicable law. ATTACHMENT RESOLUTION 2011- A RESOLUTION APPROVING AN AMENDMENT TO THE VILLAGE OF OAK BROOK PERSONNEL MANUAL WHEREAS, the Village has previously adopted a personnel manual (the "Manual ") setting forth the general policies of the Village regarding the terms of employment with the Village; and WHEREAS, the Village Board desires to ensure that the various provisions of the Manual do not inadvertently trigger accelerated payments to the Illinois Municipal Retirement Fund in light of the recently adopted Public Act 97 -0609; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Amendment to Village Personnel Manual. The Village's personnel manual is hereby amended by adding a new section to the personnel manual relating to employees who have begun service before January 1, 2012, which new section is attached as Exhibit A to this Resolution. Section 2: Effective Date. This resolution shall be in full force and effect immediately upon its passage and approval in the manner provided by law. Ayes: APPROVED THIS 27th day of December, 2011 Gopal G. Lalmalani Village President PASSED THIS _ day of December, 2011 ATTEST: Charlotte K. Pruss Village Clerk ATTACHMENT Safe Harbor Proposal Employees Who Begin Service Before January 1. 2012: In addition to any other categories under which an employee of the Village may be classified pursuant to the Village's personnel manual, there shall be a class of employees who began service with the Village prior to January 1, 2012 (a "Pre -2012 Employee "). To the maximum extent authorized by law, for all Pre -2012 Employees, it is the policy of the Village not to include as part of such employee's reported earnings for any of the 12 -month periods that may be used to determine such employee's final rate of earnings, any of the earnings, adjustments, payments, benefits, or compensation that are provided for or otherwise allowed pursuant to the terms of this personnel manual for purposes of making accelerated contributions or payments to the Illinois Municipal Retirement Fund in accordance with 40 ILCS 517- 172(k), including without limitation: a. Increases in vacation time earned as a result of seniority or continued service; b. Increases in authorized accrual of vacation time as a result of seniority or continued service; C. Increases in sick leave time earned as a result of seniority or continued service; d. Increases in authorized accrual of vacation time as a result of seniority or continued service; e. Payments made from selling back to the Village any accrued vacation or sick leave time; f. Changes to insurance benefits that are generally applicable to all Pre -2012 Employees; g. Increases in annual compensation based on seniority or continued service, including "step" increases; h. Adjustments in annual salary based on increases to the Consumers Price Index or another generally accepted index of inflation; i. Merit bonuses; and j. Payments made as reimbursement of amounts paid to an employee for use of a personal vehicle or other equipment or property. The provisions of this Section are intended to be severable in the event that any part of this Section is found not to be enforceable under applicable law. policies or the manner by which those policies can be officially exempted from the accelerated payment provisions of Section 7- 172(k).' Avoiding the Accelerated Payments In order to take advantage of the "safe harbor" provision in the Act, we have prepared proposed language (the "Safe Harbor Proposal') to be included in the Village's personnel manual. The Safe Harbor Proposal is set forth in Attachment 2 to this memorandum, and it can be adopted as part of the Village's personnel manual by action of the Village Board. Please note that the Safe Harbor Proposal is not tested, and it may be over - inclusive of what the Fund will accept for purposes of the avoiding the accelerated payments under the Act. Nevertheless, because any safe harbor proposal must be approved before 1 January 2012, we recommend the broad language in the attached Safe Harbor Proposal in order to preserve the Village's ability to assert to the Fund that certain increases in earnings over the 6% threshold do not apply because they are the result of the pre- existing policies in the personnel manual. Recommended Action In order to allow the Village to provide the Village with an opportunity to avoid accelerated payments under Section 7- 172(k) under the Act, we recommend that the Village Board approve the Safe Harbor Proposal as an amendment to the Village's personnel manual by adopting the resolution that is Attachment 3 to this memorandum. The Safe Harbor Proposal itself will not alter any of the provisions in the personnel manual. Rather, it simply allows the Village to assert that certain increases in earnings are the result of existing Village employment policies, which would avoid the need for the Village to make an accelerated payment to IMRF. Importantly, the Safe Harbor Proposal must be approved before 1 January 2012 to have any benefit to the Village. Please contact me with any questions you may have. #10828931 vi ' We note that the explanatory materials circulated by the Illinois Municipal Retirement Fund (the "Fund') staff have not offered much in terms of clarifying the language of the Act. Moreover, the Fund's materials include some statements that are wholly outside the scope of the Act. -2- ATTACHMENT? Amended Section 7 -172 (90 ILCS 5/7 -172) (from Ch. 108 1/2, par. 7 -172) Sec. 7 -172. Contributions by participating municipalities and participating instrumentalities. (a) Each participating municipality and each participating instrumental it shall make pa ent to the fund as follows: 1. municipality contributions in an amount determined by applying the municipality contribution rate to each payment of earnings paid to each of its participating employees; 2. an amount equal to the employee contributions provided by paragraphs (a) and (b) of Section 7 -173, whether or not the employee contributions are withheld as permitted by that Section; 3. all accounts receivable, together with interest charged thereon, as provided in Section 7 -209; 9. if it has no participating employees with current earnings, an amount payable which, over a closed period of 20 years for participating municipalities and 10 years for participating instrumentalities, will amortize, at the effective rate for that year, any unfunded obligation. The unfunded obligation shall be computed as provided in paragraph 2 of subsection (b); 5. if it has fewer than 7 participating employees or a negative balance in its municipality reserve, the greater of (A) an amount payable that, over a period of 20 years, will amortize at the effective rate for that year any unfunded obligation, computed as provided in paragraph 2 of subsection (b) or (B) the amount required by paragraph 1 of this subsection (a). (b) A separate municipality contribution rate shall be determined for each calendar year for all participating municipalities together with all instrumentalities thereof. The municipality contribution rate shall be determined for participating instrumentalities as if they were participating municipalities. The municipality contribution rate shall be the sum of the following percentages: 1. The percentage of earnings of all the participating employees of all participating municipalities and participating instrumentalities which, if paid over the entire period of their service, will be sufficient when combined with all employee contributions available for the payment of benefits, to provide all annuities for participating employees, and the $3,000 death benefit payable under Sections 7 -158 and 7 -169, such percentage to be known as the normal cost rate. 2. The percentage of earnings of the participating employees of each participating municipality and participating instrumentalities necessary to adjust for the difference between the present value of all benefits, excluding temporary and total and permanent disability and death benefits, to be provided for its participating employees and the sum of its accumulated municipality contributions and the accumulated employee contributions and the present value of expected future employee and municipality contributions pursuant to subparagraph 1 of this paragraph (b). This adjustment shall be spread over the remainder of the period that is allowable under generally accepted accounting principles. 3. The percentage of earnings of the participating employees of all municipalities and participating instrumentalities necessary to provide the present value of all temporary and total and permanent disability benefits granted during the most recent year for which information is available. 4. The percentage of earnings of the participating employees of all participating municipalities and participating instrumentalities necessary to provide the present value of the net single sum death benefits expected to become payable from the reserve established under Section 7 -206 during the year for which this rate is fixed. 5. The percentage of earnings necessary to meet any deficiency arising in the Terminated Municipality Reserve. (c) A separate municipality contribution rate shall be computed for each participating municipality or participating instrumentality for its sheriff's law enforcement employees. A separate municipality contribution rate shall be computed for the sheriff's law enforcement employees of each forest preserve district that elects to have such employees. For the period from January 1, 1986 to December 31, 1986, such rate shall be the forest preserve district's regular rate plus 2 %. In the event that the Board determines that there is an actuarial deficiency in the account of any municipality with respect to a person who has elected to participate in the Fund under Section 3 -109.1 of this Code, the Board may adjust the municipality's contribution rate so as to make up that deficiency over such reasonable period of time as the Board may determine. (d) The Board may establish a separate municipality contribution rate for all employees who are program participants employed under the federal Comprehensive Employment Training Act by all of the participating municipalities and instrumentalities. The Board may also provide that, in lieu of a separate municipality rate for these employees, a portion of the municipality contributions for such rogram participants shall be refunded or an extra charge assessed so that the amount of municipality contributions retained or received by the fund for all CETA program -2- participants shall be an amount equal to that which would be provided by the separate municipality contribution rate for all such program participants. Refunds shall be made to prime sponsors of programs upon submission of a claim therefor and extra charges shall be assessed to participating municipalities and instrumentalities. In establishing the municipality contribution rate as provided in paragraph (b) of this Section, the use of a separate municipality contribution rate for program participants or the refund of a portion of the municipality contributions, as the case may be, may be considered. (e) Computations of municipality contribution rates for the following calendar year shall be made prior to the beginning of each year, from the information available at the time the computations are made, and on the assumption that the employees in each participating municipality or participating instrumentality at such time will continue in service until the end of such calendar year at their respective rates of earnings at such time. (f) Any municipality which is the recipient of State allocations representing that municipality's contributions for retirement annuity purposes on behalf of its employees as provided in Section 12 -21.16 of the Illinois Public Aid Code shall pay the allocations so received to the Board for such purpose. Estimates of State allocations to be received during any taxable year shall be considered in the determination of the municipality's tax rate for that year under Section 7 -171. If a special tax is levied under Section 7 -171, none of the proceeds may be used to reimburse the municipality for the amount of State allocations received and paid to the Board. Any multiple-county or consolidated health department which receives contributions from a county under Section 11.2 of "An Act in relation to establishment and maintenance of county and multiple-county health departments ", approved July 9, 1943, as amended, or distributions under Section 3 of the Department of Public Health Act, shall use these only for municipality contributions by the health department. (g) Municipality contributions for the several purposes specified shall, for township treasurers and employees in the offices of the township treasurers who meet the qualifying conditions for coverage hereunder, be allocated among the several school districts and parts of school districts serviced by such treasurers and employees in the proportion which the amount of school funds of each district or part of a district handled by the treasurer bears to the total amount of all school funds handled by the treasurer. From the funds subject to allocation among districts and arts of districts pursuant to the School Code, the trustees shall withhold the proportionate share of the liability for unicipality contributions imposed upon such districts by this -3- Section, in respect to such township treasurers and employees and remit the same to the Board. The municipality contribution rate for an educational service center shall initially be the same rate for each year as the regional office of education or school district which serves as its administrative agent. When actuarial data become available, a separate rate shall be established as provided in subparagraph (i) of this Section. The municipality contribution rate for a public agency, other than a vocational education cooperative, formed under the Intergovernmental Cooperation Act shall initially be the average rate for the municipalities which are parties to the intergovernmental agreement. When actuarial data become available, a separate rate shall be established as provided in subparagraph (i) of this Section. (h) Each participating municipality and participating instrumentality shall make the contributions in the amounts provided in this Section in the manner prescribed from time to time by the Board and all such contributions shall be obligations of the respective participating municipalities and participating instrumentalities to this fund. The failure to deduct any employee contributions shall not relieve the participating municipality or participating instrumentality of its obligation to this fund. Delinquent payments of contributions due under this Section may, with interest, be recovered by civil action against the participating unicipalities or participating instrumentalities. unicipality contributions, other than the amount necessary for employee contributions and Social Security contributions, for periods of service by employees from whose earnings no eductions were made for employee contributions to the fund, may be charged to the municipality reserve for the municipality or participating instrumentality. (i) Contributions by participating instrumentalities shall be determined as provided herein except that the percentage derived under subparagraph 2 of paragraph (b) of this Section, and the amount payable under subparagraph 9 of paragraph (a) of this Section, shall be based on an amortization period of 10 years. (j) Notwithstanding the other provisions of this Section, the additional unfunded liability accruing as a result of this amendatory Act of the 99th General Assembly shall be amortized over a period of 30 years beginning on January 1 of the second calendar year following the calendar year in which this amendatory Act takes effect, except that the employer may provide for a longer amortization period by adopting a resolution or ordinance specifying a 35 -year or 40 -year period and submitting a certified copy of the ordinance or resolution to the fund no later than June 1 of the calendar year following the calendar year in which this amendatory Act takes effect. IM (k) If the amount of a participating employee's reported earnings for any of the 12 -month periods used to determine the final rate of earnings exceeds the employee's 12 month re orted earnings with the same employer for the previous year by the greater of 6% or 1.5 times the annual increase in the Consumer Price Index -U, as established by the United States De artment of Labor for the 2receding Se tember, the pa rtici atin municipality or 2articipatin2 instrumentality that paid those earnings shall pay to the Fund, in addition to an other contributions required under this Article, the present value of the increase in the 2ension resulting from the portion of the increase in salary that is in excess of the reater of 60 or 1.5 times the annual increase in the Consumer Price Index -U, as determined by the Fund. This present value shall be computed on he basis of the actuarial assumptions and tables used in the most recent actuarial valuation of the Fund that is available at the time of the com utation. Whenever it determines that a payment is or may be required under this subsection (k), the fund shall calculate the amount of the paVment and bill theparticipating munici alit or participating instrumentality for that amount. The bill shall specify the calculations used to determine the amount due. If the participating municipality or participating instrumentality disputes the amount of the bill, it may, within 30 days after receipt of the bill, apply to the fund in writin for a recalculation. The application must specify in detail the rounds of the dispute. Upon receiving a timely application for recalculation, the fund shall review the ap2lication and, if appropriate, recalculate the amount due. The participating municipality and partici2atin2 instrumentality contributions required under this subsection (k) may be paid in the form of a lump sum within 90 days after recei t of the bill. If the participating municipality and participating instrumentality contributions are not 2aid within 90 days after receipt of the ill, then interest will be char ed at a rate e ual to the fund's annual actuarially assumed rate of return on investment compounded annually from the 91st day after receipt of the ill. Payments must be concluded within 3 vears after recei t of the bill by the participating munici pal it or participating instrumentalit . When assessing payment for any amount due under this subsection (k), the fund shall exclude earnings increases resulting from overload or overtime earnings. When assessing payment for any amount due under this subsection (k), the fund shall also exclude earnin s increases attributable to standard ent2loyment promotions resulting in increased res2onsibility and workload. This subsection (k) does not a221y a221 to earnings increases aid to individuals under contracts or collective bar ainin a reements entered into, amended, or renewed before the -5- Meffective e of this amendator Act of the 97th General nin s increases aid to members who are 10 ears retirement eli ibilit , or earnin s increases m an increase in the number of hours re uired to When assessing a ent for any amount due under this subsection (k), the fund shall also exclude earnin s attributable to personnel policies adopted before the effective date of this amendatory Act of the 97th General Assembly as long-as those policies are not-appiicable to employees who be in service on or after the effective date of this amendatory Act of the 97th General Assembly. (Source: P.A. 96 -1084, eff. 7- 16 -10; 96 -1140, eff. 7- 21 -10; revised 9- 16 -10.) 0 Resolution 2011 - Approving an Amendment to the Village of Oak Brook Personnel Manual Page 2 of 2 EXHIBIT A Safe Harbor Provision Regarding Employees Who Begin Service Before January 1 2012 -2-