2010-205-Order No. 2010-027 Recorded 4/16/2010REVIEW
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LEGAL CO SEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' IJOURNAL
II II II IIIIIIIIIIIIIII IIII
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RECORDS Q 2010.205
CLERK
0411612010 09;56;36 AM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Establishing a Retirement Incentive for
Department of Solid Waste Employees
ORDER NO. 2010-027
WHEREAS, this matter having come before the Deschutes County Board of Commissioners at a
regularly scheduled public meeting on April 14, 2010 to consider establishing a Retirement Incentive for
Department of Solid Waste employees; 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; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. Deschutes County hereby establishes a Retirement Incentive 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 Retirement Incentive is from 12:01 a.m. on April 15, 2010 to 5:00 p.m. on May 31, 2010; a period of more
than 45 days.
Section 3. The Board of Commissioners reserves the right to establish another open Retirement
Incentive period, but makes no legal or political commitments or guarantees to do so.
Dated this ~of _ 2010
ATTEST:
LLA~ &2L=L
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUT S COUNTY, OREGON
DE IS R. LUKE, air
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ALAN UNGER, Commissioner
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TAMMY BANEY, Commissioner
EXHIBIT A
MEMORANDUM
DATE: April 14, 2010
TO: Retirement Eligible Solid Waste Employees
FROM: Dave Kanner, County Administrator
SUBJECT: RETIREMENT INCENTIVE
The Board of Commissioners recently approved a Retirement Incentive to PERS
retirement eligible employees in the Department of Solid Waste (DSW) due to the
economic slow down. DSW has held vacant two positions to help offset the loss in
revenue. However, projected revenues indicate that additional measures will be
required to balance next year's budget, including the loss of FTEs.
The retirement incentive is an opportunity for retirement eligible employees to depart
voluntarily which will create additional vacancies and flexibility to balance the
department's budget. The decision to offer this incentive was not taken lightly. The
County and DSW stands to lose a tremendous amount of institutional knowledge and
expertise if employees voluntarily accept the incentive.
Employees who are interested in the program and who need PERS information should
call PERS at 1-888-320-7377.
Employees interested in learning more about the retirement incentive can meet with
Debbie Legg, Personnel Manager. To schedule a meeting with Debbie, please call 385-
3208.
DESCHUTES COUNTY
DEPARTMENT OF SOLID WASTE RETIREMENT INCENTIVE
A. PROGRAM GOAL
The primary goal of a Retirement Incentive is to create additional vacancies to
provide additional flexibility to balance the SWD budget.
B. ELIGIBILITY REQUIREMENTS
To be eligible to participate, an employee must meet the following requirements.
1. This program will only be offered to regular-status employees funded by DSW
(Fund 610) working full time;
2. Participants must meet the PERS retirement eligibility requirements no later
than June 30, 2010. Employees must be at least age 55.
3. Participants must have a minimum of five years (total) service with Deschutes
County.
4. Participants must submit, in the form of Exhibit "B", attached hereto, an
application for the retirement incentive.
C. WINDOW PERIOD
By Board Order 2010-027, attached, the window of enrollment in the Retirement
Incentive is April 15, 2010 through May 31, 2010. The retiring employee must
specify the effective date of retirement, which must be prior to July 1, 2010.
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 revoke the application for the
retirement incentive. Revocation must be submitted on the Revocation form,
attached as Exhibit "C". Following the seven-day period, the retirement would be
effective on the effective date.
D. PROGRAM BENEFITS
Lump Sum Payment
Eligible persons will receive one week of retirement incentive pay for each full
year of service. This lump sum payment would be processed through payroll,
and is subject to employer and employee taxes and required withholdings.
The lump sum payment would not count as salary for purposes of PERS
retirement calculations. This payout, or a portion of the payout, could be
made to a deferred compensation account, up to the annual maximum limit,
at the employee's request.
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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 May 31, 2010.
2. Medical Insurance Allowance
The County contribution does not apply to COBRA. Employees electing to
retire under this Retirement Incentive will receive a County contribution
toward their monthly insurance premiums (medical only; no dental) in
accordance with the following schedule.
Years of Service
Retirement Incentive Contribution
5-10
50.00
10 - 15
100.00
15 - 20
150.00
20 - 25
250.00
25 - 29
375.00
30+
employee pays $35/month, then
full coverage, including dental
This contribution will be provided until the employee reaches the age of sixty-
five or is eligible for Medicare, whichever is earlier. For 30+ years, the $35
monthly charge is the current rate, subject to change if the monthly premium
for active employees change.
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 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 seniority.
3. With final approval, eligible persons will be required to sign a retirement
incentive contract. 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.
4. 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.
"Exhibit B"
Please Consult with an Attorney before Signing This Document
DESCHUTES COUNTY VOLUNTARY
RETIREMENT INCENTIVE
APPLICATION AND RELEASE OF
AGE DISCRIMINATION CLAIMS
"APPLICATION"
Name
Birthdate
Regular Employment Date
Years of Employment with Deschutes County
Date
Type of Position: Exempt Bargaining Unit
Voluntary Participation
I understand that participation in the Deschutes County Retirement Incentive is entirely
voluntary. I hereby apply for participation in the program which includes one week of
retirement incentive pay for each full year of service and a medical insurance allowance.
Waiver and Release
In exchange for the incentive payment calculated according to the formula set out in the
Retirement Incentive Order to which this Application is attached, and any medical
benefits granted to me by the County as a Retirement Incentive participant, and to the
fullest extent allowed by law, 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 Retirement Incentive, or any other events occurring at any time up to and
including the effective date of this Application.
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Resignation Contingent upon Approval for Participation in Program
I hereby resign from my employment with Deschutes County, with my last date of
employment being (which is no sooner than 15 days after the date
shown on the front of this application). My resignation is voluntary and is offered with
the understanding that my approval for participation in the Retirement Incentive is
subject to and contingent upon all terms and conditions of the Retirement Incentive
Order of the Board of County Commissioners. In the event I am not approved for
participation in the Retirement Incentive, 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 Retirement Incentive Order. I understand that no late applications will be
considered.
No Waiver of Rights or Claims Arising After Effective Date of Application
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.
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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 Retirement Incentive 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
Retirement Incentive 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 (8th) 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 Date of Signature
Approved as to Form:
Attorney for Employee (Optional) Date of Signature
Please Consult with an Attorney Before Signing This Document
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"Exhibit C"
Please Consult with an Attorney Before Signing This Document
DESCHUTES COUNTY VOLUNTARY
Retirement Incentive
REVOCATION
(Submit this form ONLY if you wish to withdraw your application for participation in the
Voluntary Retirement Incentive. 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. My resignation from County employment and my Application and
participation in the Retirement Incentive, 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
Date of Signature
Approved as to Form:
Attorney for Employee (Optional)
Date of Signature
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