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SR-602-002 . . '-lJ 6t:J?-(:JOZ- PE:KLB:kb Council Meeting: February 13, 1990 FES i 3 1990 Santa Monica, California To: Mayor and City council From: City staff subject: Recommendation to Adopt Resolution in opposition of Proposed FDIC Regulations [ 12 c. F . R. 330.12 (e)] Limi ting FDIC Insurance on Deferred Compensation Plans INTRODUCTION This report recommends that City Council adopt the attached resolution in opposition of proposed FDIC regulations [12 C.F.R. 330.12 (e)] that would apply the $100,000 insurance limit to the City's total deferred compensation plan and all other deposits of the City. The proposed change would eliminate the $100,000 in- surance coverage currently given to each participant in the City's deferred compensation plan. BACKGROUND Congress enacted Section 457 of the United states Internal Revenue service Code to provide public sector employees with a tax-deferred investment option to create a source of future in- come to supplement the benefits that they will receive through their employers' retirement systems. Under Section 457 of the IRS Code, a public sector employer can establish a deferred com- pensation plan (commonly known as a 457 plan) that will allow its employees to defer up to 25% of their current annual income, not ~-u - 1 - FEB 1 J i990 . . to exceed $7,500 per year, and legally avoid paying Federal in- come taxes on the amounts deferred and the earning on those accu- mulated contributions until withdrawn, usually at retirement. under California tax laws, income contributed to a 457 plan, along with the earnings on those accumulated contributions, is also tax-deferred until withdrawn. The City of Santa Monica's deferred compensation plan was created in accordance with the provisions of section 457 of the United States Internal Revenue Service Code and ordinance statutes adop- ted by the City Council. In 1975, this plan was made available as an employee benefit to all eligible City employees. The popularity of the deferred compensation plan is reflected in the significant participation rates and contribution growth since its inception. Presently, the FDIC $100,000 insurance limit applies to the ac- count of each individual plan participant, not to the total amount of the City's deferred compensation plan. In the event that a banking institution should become insolvent, each indi- vidual plan participant I S account is insured up to $100,000 by the Federal Deposit Insurance Corporation (FDIC). The recent insolvency of a large number of savings and loan bank- ing institutions resulted in a large financial deficit that the FDIC could not cover. As a result, in order to cover this FDIC financial deficit, Congress passed the Financial Institution Re- form, Recovery and Enforcement Act. - 2 - . . To enhance the solvency of its insurance funds, the FDIC has now proposed new regulations [12 C.F.R. 330.12 (e)] that would apply the $100,000 insurance limit to the employer's total deferred compensation plan and all other deposits of the employer. Indi- vidual participants would not be separately insured. DISCUSSION Currently, 622 City employees participate in the City's deferred compensation plan. The total investments in this plan amount to approximately $6,000,000. These deferred compensation monies are administered by Great Western Bank, a federal savings bank, through a deferred compensation agreement between the City of Santa Monica and Great Western Bank. These funds have been placed in either a savings indexed account or mutual funds. The individual participant elects whether his/her deferred compensa- tion contribution is to go into the savings indexed account, the mutual fund or both. Under the proposed FDIC regulations, if a banking institution, such as Great Western Bank, should become financially insolvent, the $100,000 insurance limit would only apply to the City's total deferred compensation plan. Thus, in the event Great Western should become financially insolvent, the City would only be guaranteed a $100,000 reimbursement from the FDIC with the remaining funds, or approximately $5,900,000, being totally at risk. Technically, all deferred compensation monies belong to the city of Santa Monica, not to the individual participant as long as - 3 - . . that participant is a City employee. Thus, the employee cannot access his/her deferred compensation funds unless certain condi- tions are met. Under the regulations governing a 457 plan, a plan participant can only withdraw some or all of his/her de- ferred compensation funds under two situations: 1) the employee terminates his/her employment with the city; or 2) the employee incurs an unforeseen financial hardship that cannot be covered by any other means (e.g., personal loan, selling assets, obtaining an equity loan on a home, car, etc.). Thus, employees would not have the option, in light of the the proposed FDIC regulations, to withdraw their funds in order to reinvest those funds in an account that would have the $100,000 FDIC or FSLIC insurance coverage. The city of Santa Monica entered into its current deferred com- pensation plan agreement with Great Western Bank on December 31, 1987. This agreement is to remain in effect for a period of three years. Under the terms of this agreement, the City cannot withdraw its deferred compensation funds and reinvest those funds with another deferred compensation plan administrator. In the notification that the City received from Great Western Bank regarding the proposed FDIC regulations, Great Western Bank encouraged the City to write letters opposing the proposed reg- ulations, with said letters to be sent to the Federal Deposit Insurance Corporation (FDIC) and to House or Senate Banking Com- mittee members who represent our area. The attached resolution opposes enactment of proposed FDIC regulations [12 C.F.R. 330.12 (e)) limiting FDIC insurance on deferred compensation plans. - 4 - . . This resolution, if adopted by City Council, would be sent to the FDIC and to the House and Senate Banking Committee members who represent our area. BUDGET/FISCAL IMPACT This proposed new regulation by the FDIC would only pose a finan- cial impact for the City if the financial institution which man- ages the City's deferred compensation plan became insolvent. In the event of financial insolvency by Great Western Bank or some other banking institution which administers our deferred compen- sation plan, the City would lose virtually all of the deferred compensation deposits which it holds on behalf of city employees. RECOMMENDATION Staff recommends that the City council approved the attached resolution opposing proposed FDIC regulations [12 C.F.R. 330.12 (e)] limiting FDIC insurance on deferred compensation plans. Prepared by: Karen Bancroft, Director of Personnel - 5 - BEFORE, DISTRIBUTION~ECK CONTENT OF DISTRIBUTION OF RESOLUTION #: -r; 76 Councll Meetlng Date q'~ 3 /7'2: Agenda Item;! b - (/ ~ C~/ ALL FOR CI. CLERK'S ORDINANCE # ACTION Introduced: Was lt amended? Adopted: ALWAYS PUBLISH ADOPTED ORDINANCES Cross out Attorney's approval VOTE: AfflrPlatlve: Negatlve: Abstaln: Absent: ~ " PROOF VOTES WITH ANOTHER PERSON BEFORE ANYTHING DISTRIBUTION: ORIGINAL to he slgned, sealed and flled ln Vault. NEWSPAPER PUBLICATION (Date: Department orlglnatlng staff report ( Laurle Lleberman) Ordlnances only for Attorney ( C1audla Thompson) 2 Xanagement Servlces Lynne Barrette ORDINANCES ONLY 1 Agency mentloned ln document or staff report (certlfled?) SubJect flle (agenda packet) 1 Counter flle 1 Others: (ReVIew for departments who need to know). Alrport Parklng Auth. Audlt01:'lUm Personnel Plannlng Pollee Purchaslng Recr/Parks Transportatlon Treasurer I BUlldlng Dept. C/ED Flnance General Servo L1brary Manager Flre SE~D FOUR COPIES OF ALL ORDINANCES TO: CODED SYSTEMS l20 Ma1n Street Avon, New Jersey 07717 4 SEND FOUR COPIES OF ALL ORDINANCES TO: 4 Debra Myrlck Santa Monlca Munlclpal Court 1725 Maln Street, Room lIS Santa Monlca, CA 90401 Total Copies '3 . . ~ RESOLUTION NO. 7978(CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN OPPOSITION OF PROPOSED FDIC REGULATIONS [12 C.F.R. 330.12 (e)J WHEREAS, Section 457 of the Internal Revenue Ser- vice Code was enacted to enable public sector employees to tax- defer current income to provide a source of revenue to supplement the benefits that they will receive from employer-provided re- tirement systems; and WHEREAS, the City of Santa Monica established a deferred compensation plan under Section 457 of the Internal Revenue Service Code to provide this benefit to its employees; and WHEREAS, City of Santa Monica employees voted to have their deferred compensation funds invested with Great West- ern Bank in order to obtain a $100,000 FDIC insurance guarantee on each individual participant's deferred compensation account; and WHEREAS, the Federal Deposit Insurance corporation (FDIC) has now proposed regulations [12 C.F.R. 330.12 (e)J that would eliminate the $100,000 FDIC insurance guarantee limit for each individual participant in the City's deferred compensation plan, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: - 7 - I" " . . SECTION 1. The City of Santa Monica strongly op- poses the proposed FDIC regulations [12 C.F.R. 330.12 (e)J that would apply the $100,000 insurance limit guarantee to the City of Santa Monica's total deferred compensation plan and all other deposits of the City of Santa Monica, thereby eliminating the $100,000 insurance limit for each individual participant's account. SECTION 2. The Ci ty of Santa Monica urges the Federal Deposit Insurance Corporation (FDIC) to not implement these proposed regulations [12 C.F.R. 330.12 (e)]. SECTION 3. The City Clerk shall mail a copy of this Resolution to the Federal Deposit Insurance corporation and to the House and Senate Banking Committee members that represent our area. SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: p...,~", ......, ~-o-- ROBERT M. MYERS City Attorney - 8 - . . Adopted and approved this 13th day of February, 1990. D~ 7~~- M or I hereby certify that the foregoing Resolution No. 7978(CCS) was duly adopted by the city council of the City of Santa Monica at a meeting thereof held on February 13, 1990 by the following Council vote: Ayes: councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Reed ATTEST: 'A~~T. (Ji ty Clerk [