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HomeMy WebLinkAboutOrder 019 - CDD Retirement Incentive Offer “Exhibit A” MEMORANDUM DATE: February 28, 2008 TO: Retirement Eligible Community Development Employees FROM: Dave Kanner, County Administrator SUBJECT: RETIREMENT INCENTIVE The Board of Commissioners recently approved a Retirement Incentive to retirement eligible employees in the Community Development Department (CDD) due to the economic slow down. CDD has held vacant six 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 use of department reserves. 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 department 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 (503) 603-7777. One "question and answer" meeting regarding the details of the program has been scheduled on the following date: Wednesday, March 12, 2008 from 9:00 - 10:00 Personnel Department, Conference Room 1 DESCHUTES COUNTY CDD RETIREMENT INCENTIVE A. PROGRAM GOAL The primary goal of a Retirement Incentive is to create additional vacancies to provide additional flexibility to balance the CDD 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 CDD (Fund 295) working half time or greater; 2. Participants must meet the PERS retirement eligibility requirements no later than June 30, 2008. 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 2008-019, attached, the window of enrollment in the Retirement Incentive is March 13, 2008 through April 30, 2008. The retiring employee must specify the effective date of retirement, which must be prior to July 1, 2008. 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 1. Lump Sum Payment Eligible persons will receive one week of retirement incentive pay for each full year of 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 and required withholdings. 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. 2 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 March 28, 2008. 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 Retirement Incentive 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, whichever is earlier. 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 Countywide 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. 3 “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 ___________________________________ Date _______________ Social Security No. ________________________ Birthdate ____________ Regular Employment Date _______________ Years of Employment with Deschutes County _____________ 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. 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. 4 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. 5 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 6 “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 7