Fort Walton Beach Council agenda — 04-22-08 regular agenda — reading text

Florida Department of Law Enforcement. As additional Agencies join the Task Force, the Memorandum of Understanding shall be effective as to those Agencies as of the date of signing by each. The term of this Memorandum of Understanding shall be two ( 2) years from the date signed by the Commissioner of the Florida Department of Law Enforcement. 13. Agencies must commit to conducting online undercover Internet crimes Against Children activities /investigations an average of eight ( 8) hour per week in order to be eligible to receive the mandatory training, computer equipment and funding for undercover Internet access accounts. 14. Agencies will take reasonable measures to maintain any equipment received pursuant to this Memorandum of Understanding in good' working condition. 15. Agencies agree to surrender the equipment and return any unexpended funds advanced for Internet access that have been provided pursuant to this MOU if they are unable to comply with the conditions and terms of the agreement. When this agreement is fully executed, a copy shall be provided to each agency so that each agency may be fully aware of the terms and conditions applicable.  IN WITNESS WHEREOF, the Agencies hereto sign on the date specified For the nt of Law Enforcement L) 0;, Gerald M. A Date: 3 •Z'4 • 08 For the County Sheriffs Office For the Police Department Sheriff or Police Chief Date: Nq  Page 1 of 1 Carole Jones Im: Toni Craig [tonicraig @cox. net] Nefit: Wednesday, April 16, 2008 7:55 PM To: Carole Jones Subject: RE: Police MOU The FDLE Online Sexual Exploitation of Children MOU is approved for legal form. Toni L. Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 www.tonicraig.info From: Carole Jones [ mailto: cjones@fwb.org] Sent: Wednesday, April 16, 2008 9: 50 AM To: Toni Craig Subject: Police MOU As referenced in Police memo. Thank you. Carole Jones Executive Assistant, City Manager's Office QP" Nf Fort Walton Beach 4,,,, 833-9504; cjones @ fwb.org 4/ 17/ 2008  CITY COUNCIL MEETING ril 22. 2008 Consent Agenda Consideration of a request for authorization for the City Manager to execute the agreement between the City and the Police Officers Pension Board of Trustees to implement Section 845 of the Pension Protection Act of 2006 Human Resources Director) Council Action 1 St 2nd Vote: Agenda Item Number: 5  CITY OF FORT WALTON BEACH MEMORANDUM DATE: April 1, 2008 TO: Joyce Shanahan, City Manager FROM: Mark Wiltsie, Human Resources Director SUBJECT: Police Officers' Pension Plan —Retiree Medical Insurance Payment BACKGROUND: In August of 2006, the federal government enacted the Pension Protection Act of 2006 which provided for a variety of changes in public pension plans. As part of these changes, Section 845 of this Act provides that public safety ( Police and Fire) retired employees could elect to pre -tax up to $ 3, 000 in medical insurance payments for premiums that are currently being withheld from their monthly pension payments. DISCUSSION: In March 2008, staff received a proposed agreement between the Police Officers' Pension Board of Trustees and the City which would provide for those employees who retired in the Police Officers' Pension Plan and who also participate in the City' s medical insurance program to elect to have their premiums pre -taxed up to the $ 3, 000 provided for in the Act. Attached to this staff report is a copy of the proposed agreement and the pertinent section of the Act. The City' s Pension Attorney has reviewed and approved this same agreement for the Firefighters' Pension Plan. Pension payments are administered by a third party administrator ( Salem Trust) and they have advised that no additional costs would be charged for implementation of this pre -tax election, therefore, the City would not incur any additional cost if this agreement is approved. RECOMMENDATION: Based on the above, Staff respectively requests City Council authorize the City Manager to execute the agreement between the City and the Police Officers' Pension Board of Trustees to implement Section 845 of the Pension Protection Act of 2006. Respectfully submitted: MfKWiltsie, Humdn Resources Director Approved Denied J4ce 9hanahan, City Manager s  City of Fort Walton Beach Memorandum CIO DATE: March 25, 2008 E yFt yya FD TO: Mark Wiltsie Human Resources Director FROM: Rose Berry Police Pension SUBJECT: Pre-tax Retiree Medical Insurance payments In August of 2006, the federal government enacted the Pension Protection Act of 2006 which provided for a variety of changes in public pension plans. As part of these changes, Section 845 ofthis Act provides that public safety (Police and Fire) retired employees could elect to pre -tax up to $3, 000.00 in medical insurance payments for premiums that are currently being withheld from their monthly pension payments. I am enclosing a proposed agreement between the Police Pension Board of Trustees and the City which would provide for those employees who retired in the Police Pension Plan and also participate in the City' s medical insurance program to elect to have their premiums pre -taxed up to the $ 3, 000.00 provided for in the Act. Your assistance in the furtherance of this agreement would be appreciated by the Trustees and the retirees that would benefit from this agreement. Respectfully submitted: 6 Rose Berry e"- CA Police Pension Cc: Joyce Shanahan City Manager  AGREEMENT CONCERNING DEDUCTION FROM RETIREMENT BENEFITS FOR QUALIFIED HEALTH INSURANCE PREMIUMS This Agreement is hereby made by the City of Fort Walton Beach ( "City ")and the Board of Trustees of the City of Fort Walton Beach Police Officers' Retirement Fund ( "Pension Fund "). The purpose of this Agreement is to efficiently implement the provisions of Section 845 of the Pension Protection Act of 2006. The Pension Fund agrees to begin to or continue to deduct premiums from retired members for qualified health insurance premiums. For purposes of Section 845 of the Pension Protection Act of 2006, the City agrees to serve as the Pension Fund's intermediary to make payment of the premiums deducted from a member's retirement benefit by the Pension Fund directly to the provider(s) of the qualified health insurance plan. The City agrees that the City will not pay any such deducted premium to a member instead of directly to the provider(s) of the qualified health insurance plan. 646-- Dated this day of -- fib( Q-., U, , 200a CITY OF FORT WALTON BEACH CITY OF FORT WALTON BEACH POLICE OFFICERS' RETIREMENT FUND By: As Chairman 6 ATTEST: M SEC. 845. DISTRiBXMONS FROM GOVERNMENTAL RETIREMENT PLANS FOR HEALTH AND LONG -TERM CARE INSURANCE FOR PUBLIC SAFETY OFFICERS. a) IN GENERAL.Section 402 ofthe Internal Revenue Code of 1986 (relating to taxability of beneficiary of employees' trust) is amended by adding at the end the following new subsection. 1) DISTRIBUTIONS FROM G • OVERNN ENTAL PLANS FOR BEALTH AND LONG- TERM CARE INSURANCE.— 1) IN GENERAL. —In the case of an employee who is an eligible retired public safety officer who makes the election E. R. 4- 235 described in paragraph (6) with respect to any taxable year of such employee, gross income of such employee for such taxableaggregate year doesamount not include any of such distribution from an eligible retirement plan to the extent that the w distributions does not exceed the amount paid by such employee for qualified health insurance premiums ofthe employee, his spouse, or dependents (as defined in section 152) for such taxable year. 2) LINITTATION. —'The amount which may be excluded from gross income for the taxable year by reason of paragraph (1) shall not exceed $3, 000. 3) DISTRIBUTIONS MUST OTHERWISE BE INCLUDIBLE. A) IN GENERAL. —An amount shall be treated as a distribution for purposes ofparagraph ( 1) only to the extent that such amount would be includible in gross income without regard to paragraph ( 1). B) APPLICATION OF SECTION 72.— Notwithstanding section 72, in determining the extent to which an amount is treated as a distribution for purposes of subparagraph (A), the aggregate amounts distributed from an eligible retirement plan in a taxable year (up to the amount excluded under paragraph ( 1)) shall be treated as includible in gross income (without regard to subparagraph (A))to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts distributed from all eligible retirement plans were treated as 1 contract for purposes of determining the inclusion of such distribution under section 72. Proper adjustments shall be made in applying section 72 to other distrn'butions in such taxable year and subsequent taxable years. 4) DEFE91TIONS. —For purposes of this subsection— A) ELIGIBLE RETIRE PLAN. —For purposes ofparagraph (1), the term `eligible which is retirement plan' means a governmental plan (within the nicaxaing of section 414(d)) described in clause (iii), i(v), (v), or (vi) of subsection (c)(8)( 13). B) ELIGIBLE RETIRED PUBLIC SAFETY OFFICER.- - The term `eligible retired public safety officer' means an individual who, by reason of disability or attainment ofnormal retirement age, is separated from service as a public safety officer with the employer who maintains the eligible retirement plan from which distributions