HomeMy WebLinkAboutR-01-36
RESOLUTION NO. R-01-36
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
PERTAINING TO PENSIONS, ESTABLISHING A RETIREMENT PLAN
WITH THE CW A/ITU NEGOTIATED PENSION PLAN, PROVIDING
FOR AN EXECUTION OF A MEMORANDUM OF UNDERSTANDING
WITH THE COMMUNICATIONS WORKERS OF AMERICA UNION
LOCAL 3180; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian adopted prior resolutions establishing a deferred
compensation plan to be administered by the ICMA Retirement Trust; and
WHEREAS, the Communications Workers of America Union Local 3180 researched various
pension plans and determined that the CW A/ITU Negotiated Pension Plan fits the Union's
desires; and
WHEREAS, the CW A/ITU Negotiated Pension Plan will replace the deferred compensation
plan currently negotiated and agreed to in the most recent Collective Bargaining Agreement
dated April 1, 2001 with no change in the contribution percentage; and
WHEREAS, the CW A/ITU negotiated Pension Plan is entitled to exemption under the Intema1
Revenue Code;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, that:
Section 1. ESTABLISH RETIREMENT PLAN WITH THE CW A/ITU
NEGOTIATED PENSION PLAN. The City of Sebastian hereby establishes a retirement plan
with the CW A/ITU Negotiated Pension Plan ("the Plan") for purposes of providing a retirement
plan for the employees subject to the Collective Bargaining Agreement by and between the City
of Sebastian and the Communications Workers of America Union Local 3180.
Section 2. MEMORANDUM OF UNDERSTANDING. The City hereby
authorizes the City Manager to execute the Memorandum of Understanding amending Article 16
- Retirement Contribution of the Collective Bargaining Agreement dated April 1, 2001 by
recognizing the CW A/ITU Negotiated Pension Plan as the Pension Plan for those employees
subject to this agreement, and that the 9% of gross wages previously applied to a deferred
compensation plan will be forthwith contributed to the plan.
Section 3. CONFLICT.
herewith are hereby repealed.
All resolutions or parts of resolutions m conflict
Section 4.
EFFECTIVE DATE. This resolution shall take effect on April 26, 2001.
The foregoing Resolution was moved for ado
The motion was seconded by Councilmember
vote, the vote was as follows:
ion by Councilmember ~~L.
~ ) and, upon being put into a
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember James Hill
Councilmember Joe Barczyk
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Resolution duly passed and adopted this 25th day of April,
2001.
CITY OF SEBASTIAN, FLORIDA
By:JUaJJ:lA B~
Walter Barnes, Mayor
ATTEST:
Approved as to form and legality for the reliance
Oft ~ tf~Stian only:
Rich tringer, City Attorney
.
HOME. Of PELICAN JSI.NG)
ARTICLE 16 - RETIREMENT CONTRIBUTION
This Memorandum of Understanding pertains to the Collective Bargaining Agreement by and between
the City of Sebastian and the Communication Workers of America Union Local 3180. It is understood
and agreed as to Article 16 as follows:
Article 16. Retirement Contribution
(a) Effective April 29, 2001, the Employer agrees to contribute to the CW AlITU Negotiated Pension Plan
(hereinafter sometimes referred to as the Plan) nine (9%) of a bargaining unit member's annual gross
earnings for each employee covered by this Agreement, for purposes of providing pensions on
retirement, death benefits, and other related benefits for covered employees of the Employer and other
contributing Employers. The Plan is jointly administered by Trustees appointed in equal numbers by
the Union and Employers under an Agreement and Declaration of Trust, and has been found by the
Internal Revenue Service to be entitled to exemption under the Internal Revenue Code.
(b) Contributions shall be paid to the CWAlITU Negotiated Pension Plan, P. O. Box 2380, Colorado
Springs, Colorado 80901, no later than the 15th ofthe following month, together with reports on forms
to be furnished by the Plan or the employer's printout, if in an acceptable format. During the effective
period of this Agreement, this benefit will be paid monthly over a twelve (12) month period which will
continue for the life of the Plan.
(c) Title to all monies paid into the Plan shall be held exclusively by the Trustees in trust for use
in providing the Benefits under the Plan and paying its expenses.
(d) The Employer recognizes that in addition to the Union's right to enforce this section, the Union shall
have the right in its discretion to take any legal action necessary to collect any contributions or monies
due and owing to the Plan and to secure delinquent reports. The Employer further agrees that the Union
shall have the right to collect reasonable attorneys' fees and expenses incurred in connection therewith.
The Employer shall supply to the shop steward (chapel chairman) the union representative's copy of
the Negotiated Pension Plan employer report forms or a copy ofthe Employer's printout forms on a
quarterly basis.
ElilPbility:
A. Only regular full-time bargaining unit members are eligible for inclusion in the
CW AlITU Negotiated Pension Plan.
B. New regular full-time employees are eligible for entry into this Plan as of the fIrst day
of the next full pay period following sixty (60) days from their date of hire.
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Dated this 26th day of April 2001.
Stephen DiTrapano, Vice President
Mark Veidt, Union Representative
ATTEST:
Sally Maio
City Clerk
Terrence Moore, City Manager
Rich Samolewicz, Director of Human Resources
APPROVED AS TO FORM:
Rich Stringer
City Attorney
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