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05-37 Resolution No. 05-37 RESOLUTION TO INCLUDE COMPENSATION PAID UNDER AN INTERNAL REVENUE CODE SECTION 125 PLAN AS IMRF EARNINGS WHEREAS,standard member earnings reportable to the Illinois Municipal Retirement Fund do not include compensation paid under an Internal Revenue Code section 125 plan or compensation directed into a premium conversion plan or flexible spending account; and WHEREAS, an IMRF participating unit of government may elect to include in IMRF earnings compensation paid under an I.R.C. section 125 plan or compensation directed into a premium conversion plan or flexible spending account by action of the governing body; and WHEREAS,the City Council of the City of Elgin is a authorized to include section 125 plan and premium conversion and flexible spending account compensation as earnings reportable to IMRF and it is desirable that it do so . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elgin does hereby elect to include as earnings reportable to IMRF compensation paid under an I.R.C. section 125 plan and/or compensation directed into a premium conversion plan or flexible spending account effective March 1, 2005. BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to file a duly certified copy of this resolution with the Illinois Municipal Retirement Fund. s/Ed Schock Ed Schock,Mayor Presented: February 9, 2005 Adopted: February 9, 2005 Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk , y OF foci Agenda Item No City of Elgin •E TED FED L G u . /00i, February 4, 20051 oroi L p N r TO: Mayor and Members of the City Council FINANCIALLY STABLE CITY GOVERNMENT EF FICIENT SERVICES, AND O VAUTY INFRASTRUCTURE FROM: Olufemi Folarin, Acting City Manager Gail Cohen, Human Resources and Pur acing Director SUBJECT: Flexible Benefit Spending Plan Ordinance PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider passing an ordinance that would permit IMRF employees nearing retirement to participate in the Flexible Benefit Spending plan without decreasing their IMRF contributions. RECOMMENDATION It is recommended that the City Council approve passage of an ordinance that will permit IMRF employees to participate in the Flexible Benefit Spending plan without decreasing their IMRF contributions. BACKGROUND This year, City of Elgin employees may participate in a Flexible Benefit Spending (FBS) plan, which will allow them to set aside, pre-tax, up to $2,000 for qualified medical expenses and up to $5,000 for dependent care expenses. Also, insurance premiums may be paid on a pre-tax basis through payroll deductions. These plans benefit the employee as they have less taxable income and pay less in federal, state and social security taxes. The City, as the employer, benefits as our contribution for social security taxes is also decreased. The City has the option whether or not to report FBS amounts as compensation to IMRF. Without passing a resolution, the FBS pre-taxable amounts in those plans are not reported as earnings to IMRF. Therefore, for IMRF purposes, an employee who makes $50,000 a year, but places $2,000 in the flexible benefit spending account, is only making $48,000 a year as far as IMRF is concerned. The lower reported earnings will lower the pension of an IMRF employee who is retiring in the next 48 months. • rFlexible Spending Plan Ordinance February 4,2005 Page 2 If the City passes the attached resolution, those dollars set aside in the flexible spending account will be reported as compensation to IMRF and therefore will not lower employees' earnings for retirement purposes. Staff spoke to IMRF regarding which other municipalities have passed this ordinance. IMRF indicated that larger municipalities generally have this ordinance and confirmed that many cities comparable to Elgin (e.g., Naperville, Aurora, Evanston, Arlington Heights, Schaumburg and Waukegan)have passed the ordinance. GROUPS/INTERESTED PERSONS CONTACTED None. EtkuFINANCIAL IMPACT The Flexible Spending Plan will save the City's portion of the contribution to Social Security for each employee who participates in the Plan. At this point, since open enrollment is in process, r this amount cannot be calculated. IMRF actuaries have indicated that while the City would forgo the short term savings resulting from calculating the City's IMRF contribution on a lower earnings amount, that would be offset by an increased IMRF rate to compensate for a artificially lower earnings base for all but the final four years of employment. AL IMPACT None. ALTERNATIVES 1. Pass the ordinance as proposed. 2. Do not pass the ordinance. Respectfully submitted for Council consideration. GAC Attachment r • E Resolution No. 05- RESOLUTION TO INCLUDE COMPENSATION PAID UNDER AN INTERNAL REVENUE CODE SECTION 125 PLAN AS IMRF EARNINGS WHEREAS,standard member earnings reportable to the Illinois Municipal Retirement Fund do not include compensation paid under an Internal Revenue Code section 125 plan or compensation directed into a premium conversion plan or flexible spending account; and WHEREAS, an IMRF participating unit of government may elect to include in IMRF earnings compensation paid under an I.R.C. section 125 plan or compensation directed into a premium conversion plan or flexible spending account by action of the governing body; and WHEREAS,the City Council of the City of Elgin is a authorized to include section 125 plan and premium conversion and flexible spending account compensation as earnings reportable to IMRF and it is desirable that it do so . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elgin does hereby elect to include as earnings reportable to IMRF compensation paid under an I.R.C. section 125 plan and/or compensation directed into a premium conversion plan or flexible spending account rib' effective March 1, 2005. BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to file a duly certified copy of this resolution with the Illinois Municipal Retirement Fund. Ed Schock, Mayor Presented: Adopted: Vote: Yeas Nays: Recorded: Attest: Dolonna Mecum, City Clerk F:V,egal Dept\ResolutionsVMRF-Compensation Plan-GC.doc Resolution No. 05- RESOLUTION TO INCLUDE COMPENSATION PAID UNDER AN INTERNAL REVENUE CODE SECTION 125 PLAN AS IMRF EARNINGS WHEREAS,standard member earnings reportable to the Illinois Municipal Retirement Fund do not include compensation paid under an Internal Revenue Code section 125 plan or compensation directed into a premium conversion plan or flexible spending account; and WHEREAS, an IMRF participating unit of government may elect to include in IMRF earnings compensation paid under an I.R.C. section 125 plan or compensation directed into a premium conversion plan or flexible spending account by action of the governing body; and WHEREAS,the City Council of the City of Elgin is a authorized to include section 125 plan and premium conversion and flexible spending account compensation as earnings reportable to IMRF and it is desirable that it do so . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elgin does hereby elect to include as earnings reportable to IMRF compensation paid under an I.R.C. section 125 plan and/or compensation directed into a premium conversion plan or flexible spending account effective March 1, 2005. BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to file a duly certified copy of this resolution with the Illinois Municipal Retirement Fund. Ed Schock, Mayor Presented: Adopted: Vote: Yeas Nays: Recorded: Attest: Dolonna Mecum, City Clerk F:\Legal Dept\Resolutions\IMRF-Compensation Plan-GC.doc