Agenda Item # 2
Columbus Consolidated Government
Council Meeting
June 26, 2012
Agenda Report # 064
TO: Mayor and Councilors
SUBJECT: ERS 2012 Legislative Changes ? Act 728 (SB286)
INITIATED BY: Finance Department
Recommendation: Approval is requested to sign a Notice of Participation
electing not to offer ERS retirements to tax commissioners and tax office
employees elected or hired on or after July 1, 2012.
Background: O.C.G.A. ?47-2-292 was amended with Senate Bill 286 during the
2012 Legislative Session and signed into law as Act 728. Tax commissioners and
tax office employees were eligible to participate in the state?s Employees?
Retirement System (ERS) at the state?s expense as well as the city?s retirement
system. Act 728 states that newly elected tax commissioners and newly hired
full-time tax office employees will no longer be eligible for dual
participation in the city?s pension plans and ERS. The city must elect to
participate in ERS, now at the city?s expense, or decline participation in ERS.
Analysis: The attached resolution addresses compliance with Georgia law in
that it declines participation in the state?s ERS.
Financial Considerations: Participation in ERS for new employees would cost
the city 11.54% of pensionable salary for new employees in the Tax
Commissioner?s office. These employees are covered by the city?s pension plans.
Legal Considerations: O.C.G.A. ?47-2-292 states that the local government must
elect not to participate in the state?s ERS by July 1, 2012.
Recommendations/Actions: Approve a resolution authorizing the Mayor to sign a
Notice of Participation electing not to offer ERS retirements to tax
commissioners and tax office employees elected or hired on or after July 1,
2012.
A RESOLUTION
NO. # ____
WHEREAS, the General Assembly of the State of Georgia through the passage of
Senate Bill 286 amended O.C.G.A. ?47-2-292 during the 2012 Legislative Session
and signed into law as Act 728, provides that newly elected tax commissioners
and newly hired full-time employees shall no longer be eligible for the State
of Georgia Employees? Retirement System (ERS) at the state?s expense; and,
WHEREAS, Act 728 puts the option to participate in the State?s retirement plan
(ERS) at the discretion and expense of the local governing authority; and,
WHEREAS, the local governing authority must return the Notice of Participation
form to decline participation in the State of Georgia?s ERS retirement.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES:
That the Mayor is hereby authorized to sign the Notice of Participation to NOT
offer the ERS retirement, at the city?s expense, to newly elected Tax
Commissioners and newly hired full-time tax office employees who are hired on
or after July 1, 2012.
Introduced at a regular meeting of the Council of Columbus, Georgia, held on
the ____ day of June, 2012, and adopted at said meeting by the affirmative vote
of _______members of said council.
___________________
Councilor Allen voting __________.
Councilor Baker voting __________.
Councilor Barnes voting __________.
Councilor Davis voting __________.
Councilor Henderson voting __________.
Councilor Huff voting __________.
Councilor McDaniel voting __________.
Councilor Thomas voting __________.
Councilor Turner-Pugh voting __________.
Councilor Woodson voting __________.
________________________________ ___________________________
Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor
Attachments