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HomeMy WebLinkAbout84th Special Meeting vw11170384th SPECIAL MEETING OF THE CIVIL SERVICE COMMISSION The 84th Special Meeting of the Civil Service Commission was held on Thursday, November 6, 2003. The meeting was called to order at 8:35 a.m. Members Present: Ronald E. Campau, Chairperson Charlotte S. Mahoney Harry C. Tatigian Also Present: Thomas Ambers, Treasurer, LLSA Richard Morton, Chairman, AFSCME Union James Andres, Chief Accountant Local 1917 James Corcoran, Fire Marshal Mark Wheeler, Senior Police Officer Brian Dewar, Secretary, LPDA Greg Winn, Secretary, LLSA Yvonne Lillibridge, President, AFSCME Mary E. Rutan, Human Resources Director Union Local 192 Gretchen Guisbert, Secretary III The Civil Service Commission reviewed the letter of October 30, 2003, from Michael T. Slater, Director of Finance, regarding payment of lump -sum benefits at retirement. Mary E. Rutan, Human Resources Director, was contacted by the Accounting Division regarding the Internal Revenue Service (IRS) Section 457 (Deferred Compensation) regulation changes which would restrict deferral of lump -sum payouts, as specified in collective bargaining agreements to be issued at time of retirement or termination. Mr. Andres, Chief Accountant, provided a packet that discussed the 457 Plan regulatory changes. In order to accommodate employees, Mr. Slater requests Civil Service Commission approval to change past termination pay practices and permit early release of employee accrued sick leave and vacation leave payouts. It is proposed that 75% of an estimated payout to be issued on the last regular payroll date prior to the employee's retirement, which may be used for deferral to the 457 Plan. This will permit 457 deferral while the individual is still employed as required by the new IRS cede. Mr. Campau inquired why only 75% could be paid out. Mr. Andres replied that the Finance Department is proposing 75% because, for most employees, this percentage is well over the amount they will need to meet the current maximum of $24,000 allowed if eligible for "catch-up" under the tax deferred 457 Plan. The balance of 25% would cover any payroll reconciliation for advance payments for dental, uniform allowances, etc., which require repayment to the City. This proposal will leave the City protected. Mr. Campau stated that upon retirement a person could take quite a hit in taxes with large payouts for accrued leave. Mark Wheeler, Senior Police Officer, stated that his objective was to prevent this large taxation and to bring down his adjusted gross income upon retirement. It is, he stated, just a simple matter of the date on the check. Mr. Campau inquired if most employees will have a considerable amount of taxes withheld. Mr. Andres replied, "yes,' that while not all employees have accrued the maximum sick and vacation leave payouts, most leave with large sums. Ms. Lillibridge clarified that not all of the employees voluntarily defer money into the 457 Plan. They, however, want to have the choice. Ms. Mahoney replied that a lot would be losing it to taxes. Mr. Campau asked what was the average amount needed to cover an employee's wage and benefit reconciliation. Ms. Lillibridge responded that Payroll required from $200 to $2000 maximum for Paget 04th Speoal Meeting Novarber 6, 2D03 payout adjustment. Mr. Campau suggested that 95% might be better for those people who have a lower amount of payout. Ms. Lillibridge stated that 95% might be too high because if something happened in the last two weeks of employment, the City must make sure that there is enough for the applicable payment of taxes and used vacation or sick leave time, which could present a problem. Mr. Campau asked if "up to" 75% could be paid out for 457 Plan deferral. Mr. Andres responded that 75% was set to permit a fixed calculation for all employee payouts and relieve Payroll from having to calculate various amounts needed for individual deferrals. Ms. Mahoney concurred that a uniform payout would facilitate proper state and federal tax deductions as well as 457 Plan payments. Police Sergeant Thomas Ambers inquired if the primary concern was bookkeeping or with the final payout. Mr. Andres stated that with regard to handling, the Accounting Division would like to have the changes in the last payroll run before the employee retires. Mr. Andres continued that this was not mandatory. Ms. Mahoney asked, if a person had never deferred money into the 457 Plan before, and it was suggested to them that they defer their payout into the Plan, was that possible. Mr. Andres replied that it was possible, but the paperwork had to be completed in the month before retirement and/or termination. Mr. Tatigian inquired if anyone had checked with other communities with regard to how they are handling this and suggested doing a survey. Ms. Rutan reported that she inquired with pension Attorney Michael Van Overbeke. He advised one city was placing employees on an unpaid leave prior to retirement/termination to comply. This is not feasible here. Mark Wheeler staled he had spoken with the administrators at Nationwide and some cities were issuing the checks dated on the last day of work not the first day of retirement. Mr. Andres responded that this practice may result in audit problems. Mr. Andres stated that the proposal submitted to the Commission was taken from the ICMA 457 Plan recommendations and that none of the other proposals would work in the City of Livonia. He further stated that dating the check on the Iasi day of employment was fine. He continued that the reason for the Commission meeting here was to obtain the authority to do that. The check could be lined up with the last payroll date. Ms. Mahoney clarified that this wasn't just a bookkeeping issue; that the process or procedure implemented could cost the City a lot of money. Ms. Mahoney continued that by moving the money before the last day worked could in fact save the City money. Mr. Tatigian stated he understood that something had to be done, but he doesn't want to be a "trailblazer' and requested that Mr. Andres conduct a survey to see what other comparable cities are doing. Mark Wheeler stated that the 457 Plan is an optional plan and someone could contact the 457 plan administrators for guidance. Mr. Andres replied that when he called one of the 457 Plan representatives, the representative needed to check with the Plan's law department before they would say anything. They didn't want to jeopardize information that the IRS wouldn't stand behind. Mr. Andres further stated that there are three (3) employees scheduled to retire that need help with regard to this matter this month and the Accounting Division and Payroll staff are attempting to find a way to accommodate these people within the limited time period. Ms. Mahoney stated that once the Commission acts, an employee will have a 45 -day window to take action. Ms. Mahoney stated she liked Mr. Tatigian's suggestion to check other Cities and revisit this matter atter reviewing the survey results. Ms. Mahoney suggested a compromise of an Page 64th Speoal Meeting Novarber 6, 2DO3 85% payout and reiterated that if there was a better method then the Civil Service Commission will be right back to revisit this issue. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the letter received November 3, 2003, from Michael T. Slater, Director of Finance, regarding Internal Revenue Service (IRS) Section 457 (Deferred Compensation), regulation changes requiring that the "catch up payments" from accrued vacation and sick leave payouts be issued prior to retirementttermination and after having had discussion with James Andres, Chief Accountant; Mark Wheeler, Senior Police Officer; Yvonne Lillibridge, President, AFSCME Union Local 192; Mary E. Rutan, Human Resources Director; and Thomas Ambers, Treasurer, Livonia Lieutenants and Sergeants Association (LLSA), the Civil Service Commission does hereby amend the practice to issue vacation and sick leave payouts at the time of retirement/termination and approves the recommendation for advance payment of 85% of the estimated accumulated vacation and sick leave payout to be issued upon employee's written request prior to the last regular payroll date preceding the employee's retirement/termination date; AND BE IT FURTHER RESOLVED, that Mr. Andres conduct a formal survey of other comparable Cities to determine if this recommended approach is appropriate or if other methods or modifications are necessary to permit the Civil Service Commission to revisit this matter as soon as possible. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 9:15 a.m. Gretchen Guisbert, Secretary III Ronald E. Campau, Chairperson Harry C. Tatigian, Commissioner Charlotte S. Mahoney, Commissioner