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HomeMy WebLinkAbout20082829.tiff RESOLUTION RE: APPOINTMENT OF PRINCIPAL LIFE INSURANCE COMPANY TO ADMINISTER THE DEFERRED COMPENSATION PLAN OF THE COUNTY OF WELD, STATE OF COLORADO WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of Weld County Commissioners has been presented with a recommendation by staff to change the administrator of the Deferred Compensation Plan of the County of Weld, State of Colorado ("Weld 457 Plan"), from Great-West Retirement Services to Principal Life Insurance Company("Great-West"), and WHEREAS, in comparing the two companies staff has determined that Principal Life Insurance Company ("Principal") provides superior service and at a lower cost to the county and the participants, and WHEREAS, Principal currently administers Weld County's 401k Program and certain economies will be gained by Weld County in having the same company administer both plans, and employees in both plans will receive enhanced services from the combination of the services with one plan administrator, and WHEREAS, the key provisions of The Principal Financial Group 457(b) Plan Document are detailed in the attached letter, dated October 13, 2008, from Marsha Blong of the Principal Financial Group, and WHEREAS, transition of administration of the Weld 457 Plan from Great-West to Principal will take place mainly as described in the attached documents entitled, "Transition and Investment of the Plan's Retirement Funds," and "Record Keeping of the Retirement Plan," and WHEREAS, it is also recommended to change the Plan Sponsor's plan administrator representative from Donald D. Warden, Director of Finance and Administration, to Monica Mika, Director of Administrative Services, concurrent with the change to Principal, and WHEREAS, after reviewing staffs recommendations, the Board deems it advisable to approve the administration of the Weld 457 Plan from Great-West to Principal, and for the appointment of Monica Mika, Director of Administrative Services, as the Weld 457 Plan administrator representative. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that that Principal Life Insurance Company, a member company of the Principal Financial Group is hereby appointed as a provider of ministerial services and group annuity contracts for the funding of the Deferred Compensation Plan of the County of Weld, State of Colorado (Plan) and is authorized to accept retirement funds of the Plan within the terms of the Flexible Investment Annuity Group Contract entered into between Principal Life Insurance Company and the County of Weld effective December 1, 2008. 2008-2829 PE0025 00 '. PC min to-023-08 BE IT FURTHER RESOLVED by the Board that that Monica Mika, Director of Administrative Services, be and hereby is appointed the Plan Sponsor's plan administrator representative, and is authorized and directed, in the name of Weld County, to take such actions as she may deem necessary or appropriate to carry out the intent of the foregoing, all that previous actions taken by Weld County officials or employees for the same purpose, be and hereby are, ratified, confirmed, and approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of October, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: LS %, EL®;William H. Jerke, Chair Weld County Clerk to the ar (( XCUSED o; ++'y obert en'Pro-Tern BY: - ���� Deputy Clerk to the Bo�• ( c W' F. Garc a APPROVplAS T • Aan� David E. Long unty Attorney , Doti gla Rademach r Date of signature: 2008-2829 PE0025 Principal Financial Group October 13, 2008 Monica Daniels County of Weld 915 10`h Street PO Box 758 Greeley, CO 80632-0758 Re: 4-55782 Deferred Compensation Plan of the County of Weld, State of Colorado -Revised Dear Ms. Daniels: Thank you for choosing Principal Life Insurance Company (The Principal®) as the service provider for your retirement program. Your retirement program was created with specific goals in mind. Your plan is the main tool for meeting those goals—and we're here to help. To make this transition as smooth as possible, we need to confirm the plan provisions you have selected for your plan. To make sure we help you meet your goals, just follow the steps listed below. Step Action Answer the questions listed in the General Questions & Information. 2 Review Key Plan Provisions and note any changes that are needed to meet the goals of your retirement program. 3 Participate in a conference call with me, and other interested parties, to go over your answers and address any concerns you may have regarding the review of your plan. After all issues are addressed, the plan and trust agreement will be prepared for your final review and signature. A review of the plan document you provided has been completed and we have listed the key provisions for your perusal Plan Reviewed: • 457(6) Adoption Agreement Effective 01/01/02 (signed) • 457(b) Plan Document Page I Thank you for your help with the review of your plan. We'll do everything we can to make this as easy as possible for you. I will call you to determine the best time to establish a conference call. I look forward to working with you throughout the process. Thanks again for selecting us to provide your retirement plan services. Sincerely Marsha Blong RIS—Client Transition Services Phone: (800)-258-9041 Fax: (866)-704-3594 Enclosures Page 2 Step 1: General Questions & Information 1. Your plan document is unclear on whether you include rollover contributions in the calculation of small amounts force outs (SAFO). Please specify below how small amounts force outs should be calculated in your ongoing plan: ✓ if Agree SAFO X Yes, we do wish to include rollover contributions in our calculation of SAFO. No, we do not wish to include rollover contributions in our calculation of SAFO. Page 3 Step 2: Rey Plan Provisions This is a list of your key plan provisions. These provisions reflect how your plan will operate effective 12/01/08. Please review all items and note any changes that are needed to meet the goals of your retirement program at the end of this table. Plan Provision The Principal Financial Group 457(b) Plan Document Plan Sponsor Legal Name County of Weld, State of Colorado Plan Name Deferred Compensation Plan of the County of Weld, State of Colorado Plan Year January 1 to December 31 Original Plan Effective Date January 23, 1985 Plan Administrator Director of Administrative Services of Weld County Eligible Employee - An eligible Any employee of the Employer, except the following: employee is any employee who is • Bargaining employees, unless covered by a collective eligible to make a contribution or to bargaining agreement which provides for participation receive a contribution. in the plan. • Independent Contractors. Eligibility Requirements • No service or age requirements. • Entry date is the date. Definition of Compensation • Wages, Tips and Other Compensation box on Form W- 2. • Includes elective contributions in pay. • Compensation year is the plan year. Salary Deferral Contributions • Eligible employees can defer up to 100%of the Employees includible compensation subject to the plan year limitation as described in Code Section 457(b). • Catch-up deferrals are allowed for participants age 50 and over. • 100% vested. Matching Contributions Not allowed. Discretionary Contributions Not allowed. Page4 Plan Provision The Principal Financial Group II 457(b) Plan Document IIII Rollover Contributions Allows an employee to make a Rollover Contribution to the plan prior to becoming eligible to enter the plan as an active plan participant. Rollover contributions are allowed from the following plan types: • Qualified 401(a) and 403(a) plans, including after-tax employee contributions. • An annuity contract described in Code Section 403(b) including after-tax employee contributions. • An eligible plan under Code Section 457(b), which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state political subdivision of a state. • Distribution from an individual retirement account (IRA) that is described in Code Section 408(a) or(b). Rollover Contributions will be included when determining the value of a participants account balance for any involuntary distributions. Voluntary Contributions Not allowed. Vesting - The right acquired by a 100% immediate vesting. participant to the employer funds in his or her retirement plan Investment Direction Participant directed for all contributions. Loans Not allowed. Withdrawal Options - Unforeseeable Emergency — allowed. Withdrawals allowed from the plan while still employed. In-Service Elective Withdrawal—Allowed if the total vested account balance does not exceed $5000, no amount has been deferred under the plan for 2 years, and no prior in-service distributions have been taken. Rollover Withdrawal— allowed. A participant can take a rollover withdrawal at any time. Page 5 Plan Provision The Principal Financial Group 457(b) Plan Document Qualified Domestic Relations Immediate distributions for alternate payees. Orders (QDRO) Early Retirement Age None Normal Retirement Age Normal retirement age(NRA) means age 70 'A, unless the participant has elected an alternate age. For participants who arc eligible to receive benefits under the employer's basic defined benefit pension plan or money purchase pension plan, their NRA may not be earlier than the earliest date he has the right to retire under such plan. If a participant is not eligible to receive benefits under a basic defined benefit pension plan or money purchase pension plan, their NRA may not be earlier than age 65 nor later than age 70 ''/2. Any qualified police or firefighter who is participating in the plan may choose a NRA that is not earlier than age 40 nor later than age 70 %. Automatic Rollover of Small Small amounts limit is $1,000. If participant terminates Amounts Payment employment with an account balance below $1,000 and does not respond to notification of distribution options, the distribution will be paid to the participant as a lump sum. Distribution Upon Reaching a Upon termination of employment, death, or retirement, Benefit Event benefits shall be distributed immediately following the date in which a distribution is requested. Forms of Distribution • Annuities • Lump sum payouts • Installment payments • Distributions made in cash only. Adopting Employer - A subsidiary None or affiliated business which adopts the plan of the parent or affiliated business. Page 6 ✓ if Agree ✓ if Disagree Item The Key Plan Provisions, which are effective 12/01/08, meet the goals of my retirement program and are satisfactory as stated above. If you checked disagree, please list any needed changes to the Key Plan Provisions: While this communication may he used to promote or market a transaction or an idea that is discussed in the publication, it is intended to provide general information about the subject matter covered and is provided with the understanding that The Principal')Is not rendering legal, accounting, or tax advice. It is not a marketed opinion and may not he used to avoid penalties under the Internal Revenue Code. You should consult with appropriate counsel or other advisors on all matters pertaining to legal, tax, or accounting obligations and requirements. The above lists your key plan provisions As the plan sponsor, I have reviewed each of the plan provisions outlined above and agree that the above provisions reflect how our plan should be operated. g-�onso IC-21-DR Plan pnsor signature Date Page 7 Transition and Investment of the Plan's Retirement Funds Amy Navratil,a representative of Principal Life Insurance Company(Principal Life),has contacted Great West to discuss the transition of your Plan's administrative services to Principal Life. The following describes our understanding of the transition and how it will occur. Sarbanes-Oxlev Plan Participant Notification As the retirement plan services are transferred to Principal Life, it is necessary to briefly stop services such as the ability to direct or diversify the retirement funds in the plan accounts. A short blackout period will begin on December 1, 2008, and will end when Principal Life has received all transfer retirement funds and allocated them to participant retirement accounts. If all information is received in a timely manner we expect the blackout period to end the week of December 28, 2008. During this blackout period,plan participants will not have access to their retirement information. This will allow for the smooth transfer of retirement plan retirement funds and data from your current service provider(s)to Principal Life. The Sarbanes-Oxley Act of 2002 requires that all retirement plan participants must receive notice a minimum of 30 days prior to the beginning of a blackout period but not more than 60 days in advance of this blackout period start date. If the blackout period changes, all plan participants must be re-notified in writing. During the blackout period retirement plan participants will be unable to transfer existing retirement account balances to other investment options, and they will be unable to request a loan,withdrawal, or other type of distribution. We have included a sample notice that can be given to all retirement plan participants, including anyone with a retirement account balance,whether actively employed, terminated, or retired, as well as any beneficiaries included under the plan. If an individual will become eligible during the blackout period, they should also receive a copy of this notice.This notice should be provided to each individual retirement plan participant in writing.If this notification is not given,the Department of Labor(DOL) could assess substantial civil penalties. In the notice, you are required to list the Plan Administrator's name,address and phone number so that participants can go to the person with questions, or list a contact person within the Plan Administrator's office. We have listed the primary contact's data under Step 1 within the notice to be this contact. If you want questions directed to another individual in your company,please revise the notice before distribution. If you prefer to list a department rather than a person(e.g.,HR Department) as a contact, this is acceptable. An address and phone number will still need to be included for the department. If you have further questions regarding these requirements please discuss with your legal counsel. Submission of new contributions Payroll deductions should continue during the transition to Principal Life. We will notify you when your contract records have been established and you can begin submitting contributions electronically through our Principal Sponsor Service Centers'". Please continue sending contributions to your current service provider until we contact you. DOL regulations require that payroll deductions be submitted to a funding institution as soon as they can be segregated from company assets but not to exceed the 15th business day of the month following withholding. Transition Option During the transition you have elected to invest your plan's retirement funds into the Money Market Separate Account. The retirement funds will be wired to Wells Fargo Bank,N.A.. Principal Life will place the retirement funds in a holding account and invest them in the Money Market Separate Account. The wire must be received by 3:00 pm Central Time(CT). Retirement funds received prior to establishment of your contract and participant level records may be returned to the prior service provider. Retirement funds will remain in the holding account until we receive participant level reports,balance the reports with the retirement funds received, and prepare the allocation. There are three potential allocation methods: • Exact Match: Final report totals match exactly to retirement funds received. We will proceed with the allocation without your written authorization. • Non-Exact Match (Outside Gains/Loss Only): Final report totals do not match retirement funds received and the difference is due to outside gains or losses incurred between the time of final valuation and the wire date of the retirement funds. We will allocate the outside gain/loss pro-rata to all participants with a transfer balance. Your written authorization will be required if the amount of outside gain/loss exceeds 5%of total transfer amount. If five percent or less, we will proceed with the allocation without your written authorization. Please let us know immediately if you would prefer to handle this type of allocation differently. • Non-Exact Match(Outside Activity): Final report totals do not match retirement funds received and the difference is a combination of outside gains/losses and additional plan activity(i.e. contributions or withdrawals). We will prepare an allocation and require your written authorization before allocating to participant accounts. If participant reports do not balance with the amount of retirement funds received, we will notify you and work with your prior service provider to resolve any discrepancy. As a service to you we will adjust reports for outside investment option returns at no charge. If additional adjustments are required Principal Life reserves the right to charge for this service. Once we have an approved allocation, we will transfer retirement funds and earnings from the holding account to participants'retirement accounts based on their investment elections. For participants that have not made an election,retirement funds will be directed into the participant-level default option you have chosen for your plan. Wire Instructions We will provide wire instructions when the retirement funds can be transferred. If the retirement funds are received by Principal Life before 3:00 p.m. Central Time(CT), Monday through Friday, on any banking business day,the retirement funds are received and earnings are credited the next business day. If the retirement funds are received by Principal Life after 3:00 p.m. CT,Monday through Friday, on any banking business day,the retirement funds are received and earnings are credited the second business day. Circumstances beyond our control may arise which would prevent us from meeting this timing. In the event of such an occurrence, we will credit earnings as soon as administratively possible. Participant Services Activity Summaries will be sent once all retirement funds have been allocated to the retirement accounts held for the benefit of participants. The Summaries contain information pertaining to your transfer of retirement funds only. The Principal Retirement Service Center®and TeleTouch®, an interactive voice response system,will be made available to plan participants. At that time,participants may rebalance the retirement accounts held for their benefit and/or change investment direction. Recordkeeping of the Retirement Plan At the Principal Life,we strive to provide our clients with the most accurate and complete recordkeeping services possible. In order to do this,the following information regarding your retirement plan is necessary: Your prior service provider(s) has stated they will provide the following data: • Summary of retirement funds as of the date transferred to Principal Life • Allocation breakdown of forfeitures by year We will ask for your assistance in obtaining this information in the event we are unsuccessful in obtaining it from your prior service provider. You will receive a letter after the Activity Summaries have been mailed requesting any remaining information we may need. The following items will not be provided by your prior service provider(s). We are asking for your assistance in obtaining the following: • Gross contributions • Qualified Domestic Relations Order, if applicable Unclaimed Property Unclaimed property can occur when participants do not cash a distribution check. The DOL requires the plan fiduciaries to perform a due diligence search for missing participants. The plan fiduciaries must operate the plan in the interest of participants and beneficiaries. Locating missing participants is part of this fiduciary duty. For all distribution checks drafted prior to your plan services being transferred to Principal Life we will ask your prior service provider to work with you to locate missing participants. If for any reason you or your prior service provider is unable to comply with DOL requirements regarding unclaimed property Principal Life can offer our assistance under a supplemental service fee arrangement. Hello