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HomeMy WebLinkAboutResolutions - 1985.04.18 - 11023MISCELLANEOUS RESOLUTION 85059 February 28, 1985 BY: PERSONNEL COMMITTEE - John J. McDonald, Chairperson IN RE: OAKLAND COUNTY EMPLOYEES' RETIREMENT COMMISSION - Changes to Oakland County Employees' Retirement System Rule 29: Non-Duty Death Retirement Allowance - Automatic Provision TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS Section 29 of the Oakland County Employees' Retirement System currently provides for automatic spousal benefits for employees who die while in County employment only if the employee has either 15 years of credited service or has attained the age of 60 years with 10 or more years of credited service; and WHEREAS the Federal Retirement Equity Act now requires automatic spousal benefits be guaranteed after the death of an employee without such limitations as are currently set forth in Section 29; and WHEREAS the Oakland County Employees' Retirement Commission has unanimously approved changes to Section 29, guaranteeing automatic spousal benefits after the death of an employee if that employee has vested in the County plan. NOW THEREFORE BE IT RESOLVED that Section 29 of the Oakland County Employees' Retirement System entitled "Non-Duty Death Retirement Allowance - Automatic Provision" be amended to provide as follows: Non-Duty Death Retirement Allowance - Automatic Provision: Section 29: (a) Any member who is in the employ of the County for less than ten (10) years, but has vested in the County plan and (1) dies while in County employment and (2) leaves a SPOUSE; the SPOUSE shall receive a retirement allow- ance computed in the same manner in all respects as if the member had (1) retired the day preceding the date of his death, notwithstanding that he might not have attained age 60 years, (2) elected Option B provided in Section 27, and (3) nominated his SPOUSE as beneficiary, payable at the time the member would have been eligible to receive his benefit. (b) Any member who continues in the employ of the County for more than ten (10) years, but less than fifteen (15) years and (1) dies while in County employment and (2) leaves a SPOUSE; the SPOUSE shall immediately receive a retirement allowance computed in the same manner in all respects as if the member had (1) retired the day preceding the date of his death, notwithstanding that he might not have attained age 60 years, (2) elected Option B in Section 27, and (3) nominated his SPOUSE as beneficiary. (c) Any member who continues in the employ of the County on or after the date he either (1) acquires fifteen (15) years of credited service, or (2) attains age 60 years and has ten (10) or more years of credited service, whichever occurs first, and does not have an Option A election in force, as provided in Section 28 and (1) dies while in County employment and (2) leaves a SPOUSE; the SPOUSE shall immediately receive a retirement allowance computed in the same manner in all respects as if the member had (1) retired the day preceding the date of his death, notwithstanding that he might not have attained age 60 years, (2) elected Option A provided in Section 27, and (3) nominated his SPOUSE as beneficiary. (d) Any member who had less than fifteen (15) years of County employment and has left the employment of the County, but has earned a Deferred Retirement and (1) dies before reaching the age at which he would have been eligible to receive a retirement and (2) leaves a SPOUSE; the SPOUSE shall receive at the time the member would have been eligible for the Retirement Benefit, a retirement allowance computed in the same manner in all respects as if the deferred member had (1) elected Option B provided in Section 27 and (2) nominated his SPOUSE as beneficiary. (e) Any member who had more than fifteen (15) years of County employment and has left the employment of the County, but has earned a Deferred Retirement (1) dies before reaching the age at which he would have been eligible to receive a retirement and (2) leaves a SPOUSE; the SPOUSE shall receive at the time the member would have been eligible for the Retirement Benefit, a retirement allow- ance computed in the same manner in all respects as if the deferred member had (1) elected Option A provided in Section 27 and (2) nominated his SPOUSE as beneficiary. (f) No retirement allowance shall be paid under these sec- tions on account of the death of a member if any benefits are paid or payable under Section 34 on the account of his death. BE IT FURTHER RESOLVED that the amendment to Section 29 of the Oakland County Employees' Retirement System be effective July 1, 1984. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE FINANCE COMMITTEE FISCAL NOTE BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: OAKLAND COUNTY EMPLOYEES' RETIREMENT COMMISSION - CHANGES TO OAKLAND COUNTY EMPLOYEES' RETIREMENT SYSTEM RULE 29: NON- DUTY DEATH RETIREMENT ALLOWANCE - AUTOMATIC PROVISION - MISCELLANEOUS RESOLUTION 1185059 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous Resolution 1/85059 and finds the proposed amendment to Retirement System Section 29 will have no fiscal impact on the 1985 Budget. The estimated cost of this amendment is anticipated to be .23% of total payroll. The Actuary states that this amendment is fully covered by Retirement System Assets. The estimated cost would be $183,164 and would effect the 1987 Budget, should these amendments not be covered by Retirement System Assets. #85 0 59 April 18, 1985 this Moved by McDonald supported by Gosling the resolution with Fiscal Note attached, be adopted. AYES: Olsen, Page,- Perinoff, Pernick, Skarritt, Webb, Wilcox, Caddell, Calandro, Fortino, Gosling, Hassbergcr, Hobart, R. Kuhn, S..._Kuhn, tannt, Law-, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson. (23), NAYS: None. (0) A sufficient majority having voted therefor, the resolution, witb Fiscal Note Attached, was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at meeting held on April 18, 1985 with the orginial record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan hei