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2000-911-Order No. 2000-099 Recorded 9/28/2000VOL: CJ2000 PAGE: 911 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *02000-911 * Vol -Page Printed: 10/02/2000 09:08:45 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Sep. 28, 2000; 1:46 p.m. Order (CJ) NUMBER OF PAGES: 9 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK KE UN HED 0 0 2 2000 BEFORE THE BOARD OF COUNTY COMMISS FOR DESCHUTES COUNTY, OREGON An Order Establishing a Retirement Incentive Program for Deschutes County ORDER NO. 2000-099 00 SEP 28 PM 1: 46 1EV COUNI =f�K LEGAL COUNSEL WHEREAS, this matter having come before the Deschutes County Board of Commissioners at a regularly scheduled public meeting on September 20, 2000 to consider establishing a Retirement Incentive Program (RIP) for Deschutes County; and WHEREAS, pursuant to the authority granted to the Board of County Commissioners, the Board, after having given due consideration to the issue of establishing a Retirement Incentive Program (RIP); now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. Deschutes County hereby establishes a Retirement Incentive Program (RIP) as set forth in Exhibit A, attached hereto, and by this reference is made a part thereof. Section 2. The Board of Commissioners further orders that the application period for participation in the RIP is from 12:01 a.m. on October 2, 2000, to 5:00 p.m. on December 1, 2000; a period of more than 45 days. Section 3. The Board of Commissioners reserves the right to establish another open RIP period, but makes no legal or political commitments or.guarantees to do so. DATED this 201h Day of September 2000. THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON K j 'QDA L. SWEARINGEN;-Chair . Z-- .0r- Ae�z::P� IS R. LUKE, Commislioner TOM DEWOLF, Commligsioner Recording Secretary 'rFc-� 2� Board of Commissioners 1130 N.W. Harriman, Bend, Oregon 97701 (541) 388-6570 - Fax (541) 388-4752 E -Mail: www.deschutes.org. Linda L. Swearingen Tom N. DeWolf Dennis R. Luke MEMORANDUM DATE: September 21, 2000 TO: All County Employees FROM: Michael A. Maier, County Administrator SUBJECT: RETIREMENT INCENTIVE PROGRAM In an attempt to generate reductions in current and future budget expenditures, the Board of Commissioners has approved an open period for the Retirement Incentive Program. This is an opportunity for some employees to depart voluntarily which will, in turn, generate long-term savings to County departments. Employees who are interested in the program and who need PERS information should call PERS at (503) 603-7777. Two "question and answer" meetings regarding the details of the program have been scheduled on the following dates: Tuesday, October 10, 2000 - 11:00 - 12:30 - Commissioners' Hearing Room (Administration Building) Tuesday, October 17, 2000 - 11:00 - 12:30 - Conference Room "B" (Administration Building) Please call Cherise (617-4722) or Patti (330-4643) in Personnel if you would like to attend one of these meetings. Quality Services Performed with Pride DESCHUTES COUNTY RETIREMENT INCENTIVE PROGRAM (RIP) A. PROGRAM GOAL The primary goal of a Retirement Incentive Program (RIP) is to provide a means for reducing fund expenditures. Long-term savings will allow the County to keep pace with future demands. B. ELIGIBILITY REQUIREMENTS To be eligible to participate in the Deschutes County RIP, an employee must meet the following requirements. 1. This program will only be offered to elected officials and regular -status employees working half time or greater; 2. Participants must meet the PERS retirement eligibility requirement no later than January 1, 2001. General service employees must be at least age 55. Police- and fire -classified employees must be at least age 50, which represents the minimum eligibility for PERS retirement benefits; 3. Participants must have a minimum of five years of current and continuous service with Deschutes County. 4. Participants must submit, in the form of Exhibit "B", attached hereto, an application to participate in the RIP program. C. WINDOW PERIOD By order of the Board, attached as Exhibit "A" the window of enrollment in the Retirement Incentive Program is October 2, 2000, through December 1, 2000. The retiring employee must specify the effective date of retirement, which must be prior to April 1, 2001. The employee must provide the County with at least 15 calendar days' advance notice of the effective date of retirement. The requesting employee would be given seven days in which to notify the County to rescind the request. Revocation must be submitted on the Revocation form, attached as Exhibit "C". Following the seven-day period, the retirement would be effective on the stated date. Page] of 3 D. PROGRAM BENEFITS 1. Lump Sum Payment Eligible persons will receive one week of retirement incentive pay for each year of continuous service, with a minimum of 12 weeks and a maximum of 36 weeks. This lump sum payment would be processed through payroll, and is subject to employer and employee taxes. The lump sum payment would not count as salary for purposes of PERS retirement calculations. This payout could be made to a deferred compensation account, up to the annual maximum limit, at the employee's request. a. The retirement incentive pay will be based upon a 40 -hour week. b. Retirement incentive pay will be based upon the eligible person's base compensation as of September 30, 2000. 2. Medical Insurance Allowance Employees electing to retire under this Retirement Incentive Program will receive a County contribution toward their monthly insurance premiums (medical only; no dental) in accordance with the following schedule. Years of Service (RIP) Contribution 5-10 50.00 10-15 100.00 15-20 150.00 20-25 200.00 25-29 250.00 30+ full coverage, including dental This contribution will be provided until the employee reaches the age of sixty-five or is eligible for Medicare. Page 2 of 3 E. ASSUMPTIONS 1. The program is a Board Policy, not a negotiated contract item. When and if it is to be made available is at the discretion of the Board of County Commissioners. 2. The primary objective of this program is to reduce long-term personnel expenses. This can be accomplished through reorganization, position elimination, salary variance, and/or position reclassification. The directors of any departments having employees who desire to participate in this Retirement Incentive Program must document how their departments will, in fact, reduce personnel costs over the next five years. If actual projected salary savings cannot be proven to the satisfaction of the Board of Commissioners, the Board, at its discretion, may delay participation in this Retirement Incentive Program. 3. The Board of Commissioners and the Department Director may establish a limit in the number of employees who can participate in the program. Such a limitation would be based on departmental or Countywide seniority. 4. With final approval, eligible persons will be required to sign a retirement incentive contract. By law, eligible persons can take up to 45 days to decide if they wish to sign the document. Once they sign the contract, they then have seven days to back out of the agreement. 5. All decisions made on actions undertaken by the County pursuant to this program are final and binding on all parties, and shall not be subject to grievance or arbitration. Page 3 of 3 Please Consult with an Attorney Before Signing This Document DESCHUTES COUNTY VOLUNTARY RETIREMENT INCENTIVE PROGRAM (RIP) APPLICATION AND RELEASE OF AGE DISCRIMINATION CLAIMS "APPLICATION" Name Date Social Security No. Birthdate Regular Employment Date Years of Employment with Deschutes County Type of PERS Coverage: General Police & Fire Type of Position: Exempt Bargaining Unit Voluntary Participation I understand that participation in the Deschutes County Retirement Incentive Program (RIP) is entirely voluntary. I hereby apply for participation in the program. Waiver and Release In exchange for the incentive payment calculated according to the formula set out in the RIP Order ("RIP Order") to which this Application is attached, and any medical benefits granted to me by the County as a RIP participant, I hereby release and forever waive any right to sue, make any claim, or bring any form of action against Deschutes County or any of its elected officials, officers, employees, or agents for violation of the Age Discrimination in Employment Act of 1967, as amended (29 USC §§621-634), for any other claim based on age discrimination, and/or for any wage claim, contract claim, employee benefit claim, statutory claim, civil rights claim any other claim, charge or expense, known and unknown, which I have or may have which relate in any way to my employment relationship with Deschutes County, the termination of that relationship, my participation in the RIP, Page 1 of 3 SALega1\B0CC CorrespondencMetirement Application.DocS:UxgaI\BOCC CorrespondencMetirement Application.doc or any other events occurring at any time up to and including the effective date of this Application. Resignation Contingent Upon Approval for Participation in Program I hereby resign from my employment with Deschutes County, with my last date of employment being . My resignation is voluntary and is offered with the understanding that my approval for participation in the RIP Program is subject to and contingent upon all terms and conditions of the RIP Order. In the event I am not approved for participation in the RIP Program, my resignation, as tendered by this Application, is null and void. Deadline for Submitting This Application I understand that to be considered effective, this Application must be received by the Deschutes County Personnel Office by no later than 5:00 p.m. on the deadline stated in the RIP Order. I understand that no late applications will be considered. No Waiver of Rights or Claims Arising After Effective Date ofApplication I understand that, by signing and submitting this Application, I am only waiving rights or claims, if any, arising up to and including the effective date of this Application and that I am not waiving any rights or claims, if any, which may arise after the effective date of this Application. 45 Days to Consider This Application I acknowledge that I have been given the opportunity to consider this Application for 45 days prior to signing and submitting this Application. I understand that I may, at my option, sign and submit this Application before this 45 -day period expires. If I submit this Application before the 45 -day period expires, I acknowledge and agree that I am voluntarily waving my right to take up to 45 days to consider this Application. I further acknowledge and agree that I have not been compelled or induced in any way by Deschutes County to sign this Application before the 45 -day consideration period expires. Page 2 of 3 S:\Legal\BOCC CorrespondencMetirement Application.DocS:UAgal\BOCC CorrespondencMetirement Application.doc How and When I May Withdraw This Application I understand that I may withdraw this Application by submitting a completed Revocation Form (copy attached to RIP Order) to the Deschutes County Personnel Office within seven (7) days after I submit this Application. I understand that this seven-day revocation period may not be waived and that this Application will not become effective or be enforceable until the seven-day revocation period expires. I also understand and agree that, if I submit a revocation of this Application within the seven-day revocation period, this Application and my resignation from employment with Deschutes County will be null and void, and that I will not be entitled to participate in the RIP Program offered by Deschutes County. I further understand and agree that if I do not revoke this Application within seven days after I submit this Application, I cannot revoke this Application and this Application will be final, binding, and effective on the eighth (8t ) day after I submit this Application. Consultation With an Attorney By signing this Application, I acknowledge that I have been advised to consult with an attorney before signing and submitting this Application and that I have either consulted with my own attorney regarding the terms and consequences of this Application or I have voluntarily elected not to consult with an attorney before I signed and submitted this Application. Signature of Employee Approved as to Form: Attorney for Employee (Optional) Date of Signature Date of Signature Please Consult with an Attorney Before Signing This Document Page 3 of 3 SALega1\B0CC Correspondence\Retirement Application.DocSALega1\B0CC Correspondence\Retirement Application.doc Please Consult with an Attorney Before Signing This Document DESCHUTES COUNTY VOLUNTARY RETIREMENT INCENTIVE PROGRAM (RIP) REVOCATION (Submit this form ONLY if you wish to withdraw your application for participation in the Voluntary Retirement Incentive Program. Submit this completed form to the Deschutes County Personnel Office) Name Social Security No. I hereby withdraw my Application for participation in Deschutes County's Voluntary Retirement Incentive Program (RIP). My resignation from County employment and my Application and participation in the RIP, submitted no more than seven calendar days ago, is hereby to be considered null and void. When This Form Must Be Received I understand that, to be effective, this form must be completed by me and received by the Deschutes County Personnel Office no later than seven calendar days following the date on which I submitted my Voluntary Retirement Incentive Program Application. Signature of Employee Approved as to Form: Attorney for Employee (Optional) Date of Signature Date of Signature Page 1 of 1 S:Uga1\B000 Corcespondence\RETIREMENT REV0CATI0N.DocSALega1\B0CC Conespondence\RETIREMENT REVOCATION.doc