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HomeMy WebLinkAboutItem 4.06 Social Security for Part-Time Employees CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 24, 1991 SUBJECT: Mandatory Social Security Coverage for Part-Time/ Temporary City Personnel (Report Prepared by: Lou Ann Riera-Texeira, Assistant to the City Manager) EXHIBITS: League of California Cities Comparison of Potential Alternatives to Social Security RECOMMENDATION: Approve Participation in Social Security for Part- Time/Temporary City Personnel FINANCIAL Based on Calendar Year 1990 data, the City employed STATEMENT: approximately 62 part-time/temporary personnel including Recreation staff and interns. These positions are not currently covered under the City' s retirement system and are subject to the new mandatory Social Security requirement. The estimated payroll ( Calendar Year 1990) for part- time/temporary City personnel was $177, 860. Based on this number the estimated cost to the City to participate in Social Security would be $11, 027 plus an additional $2, 579 for mandatory Medicare coverage. Thus, the total cost to the City based on the above payroll would be approximately $13 , 606 per year. DESCRIPTION: Effective July 1, 1991, public sector employers must begin paying Social Security/Medicare taxes for all employees not covered by a retirement system. The purpose of this newly enacted federal legis- lation is twofold: 1 ) to provide retirement, survivorship and disability protection to "low-paid" individuals with limited or intermittent work experience who are not able to earn adequate retirement benefits; and 2) to raise nearly $9 billion over the next five years in federal taxes. Prior to the release of the U.S. Department of the Treasury' s proposed regulations regarding mandatory Social Security, staff prepared a draft report outlining several possible alternatives to participating in Social Security. These options included the following: 1) PARS (Public Agency Retirement System) ; 2) ICMA/RC or other "qualified" 457 or 401 private sector annuity plans (e.g. , Keenan/Coopers & Lybrand, Aetna, Hartford, etc. ) ; 3 ) PERS; and 4) using a payroll service company to employ the City' s temporary and seasonal personnel. On April 9, 1991, the Treasury issued proposed regulations under the new mandatory Social Security law. These regulations have significantly impacted staff ' s original analysis of alternatives to participation in Social Security. The main provisions of the proposed guidelines which impact the consideration of alternatives to Social Security include the following: • The "qualified retirement plan" (which has not yet been defined) must provide for . 100o immediate vesting • Minimum contribution must be 7 . 50 (employer and/or employee money) --------------------------------------------- COPIES TO: ITEM NO. J,�(, 17�D The OASDI tax is currently 6. 2% for both the employer and the employee, for a total of 12. 4% of 1991 wages up to $53 ,400 . Also, another 1. 45% is imposed on both the employer and employee on wages up to $125,000 for Medicare coverage. Considering the above, it would appear that another "qualified retirement plan" option, i.e. , a deferred compensation 457 plan might be less expensive because the total contribution would only need to total 7. 5% (pursuant to proposed guide-lines) . However, the set up and annual administrative cost to establish and maintain such as alternative (i.e. , ICMA/RC, PARS) would exceed the benefit. In addition, the ICMA/RC legal counsel has not yet determined whether the ICMA 457 plan would meet the proposed requirements. The reason being is that most of the affected employees would probably withdraw their funds immediately upon separating from the agency. Thus, the intent of the law, that is, to establish a retirement system for those not currently covered, would not be fulfilled. Staff has attached a report recently prepared by the League of California Cities, Department of Personnel and Employee Relations. This report provides an updated analysis of potential alternatives to participating in Social Security. The League' s comparison is similar to the original analysis conducted by City staff. In reviewing the possible alternatives, it is felt at this time, that the only "safe" option is to participate in Social Security. Thus, staff recommends that effective July 1, 1991, the City of Dublin enroll all part-time/temporary City personnel in the Social Security system. In addition, staff recommends that the City continue to evaluate alternatives following the release of the final Treasury regulations, as the final regulations may impose additional requirements. LEAGUE OF CALIFORNIA CITIES DEPARTMENT OF PERSONNEL AND EMPLOYEE RELATIONS MAY 1991 POTENTIAL ALTERNATIVES FOR COMPLYING WITH NEW FICA REGULATIONS FOR PART-TIMEI TEMPORARY EMPL 0 YEES EFFECTIVE JULY 1, 1991 �— ALTERNATIVE ADVANTAGES DISADVANTAGES 1. Social Security only Costa Mesa and Fullerton have each Another payroll program to administer and calculated the cost to be 85% of PERS explain to employees. Proposed IRS regulations were cost, based on affected employees in their issued April 10, 1991 in the respective agencies. In Fullerton, Social Costs difficult to predict. Federal Register (Vol. 56, No. 69, Security rates have been lower than PERS. p. 14487, 26 CFR Part 31). rates for at least 15 years. Requires MediCare for everyone who goes into Social Security. Easy to implement. Nothing to administer + except payroll; it's like income tax No refund or credit of employer S. reporting. j Employees can't get a refund of their This is so removed from other benefits contributions. typically provided to public employees that it probably won't lead to requests for anything else. Portable among employers of all types throughout U.S. Employers cannot be required to pay the employee's share. A-1 _T AL TERNA TI VE ADVANTAGES DISADVANTAGES 2. PERS only All agency employees would be in one Cost appears to be higher than Social system. Security. (See Alternative #1, Govt. Code 20334 specifically Advantages). excludes part-timers (those Agency $ would remain in our own working less than 20 hours/week accounts, reducing need for future We may eventually be brought into Social or 1000 hours/year) from PERS. increases. Security anyway. Avoiding it now may Legislation would be needed to result in PERS and Social Security later. change this. Would not have to pay MediCare on part- timers hired prior to 4/1/86. The part-timers going into and out of PERS may create more paperwork than Employees could obtain refunds. it's worth. Employees would receive service credits; a May mean PERS retirees can no longer plus for those hoping to make a career of work for PERS agencies; legislation may working for PERS agencies. This could be needed to change this. help recruitment efforts. Even if 20334 is amended to permit this, Portable among most California public agencies with an "hourly" employee agencies. exclusion may have to delete the provision to take advantage of the 20334 change. Once part-timers are in PERS, it may cause them to seek other benefits. Part-time safety employees may qualify for 4850 time and disability retirements. This may be a meet-and-confer issue, as full-time employees are in PERS. A-2 ALTERNATIVE ADVANTAGES DISADVANTAGES 3. Employee's Individual Option for PERS Most employees would likely choose PERS, if Would have to administer two programs. or Social Security. only to have the chance at a refund. See Alternative 2. above. Agencies must amend-PERS contract to Assuming the above is correct, then the add C.C. 20365. But premature to do advantages of Alternative 2. would apply. so until Social Security is inevitable. Would allow those choosing Social Security to obtain service credit in that system. 4. `Public Agency Retirement System Cost appears to be less than PERS or Social May have to join Social Security some day Bill Todd - (714) 975-8548 Security. anyway. Has reportedly signed up three agencies and is now seeking "qualified plan" Local control. Entire cost is paid by agency, none by ruling from the IRS. employee. I Q: Will this qualify as a retirement Another program to administer. plan under IRS regulations? No history of running retirement programs. 'This is provided for information only. . It is not an endorsement by either the League of No track record in running employee benefit California Cities or the League Department of programs on a large scale. Personnel and Employee Relations. A-3 ALTERNATIVE ADVANTAGES DISADVANTAGES 71] 5. Deferred Compensation Company under Cost may be less than PERS or Social Security. Another program to administer. IRC 457 Work with a well-established, known company. May have to join Social Security some day Q: Will this qualify as a retirement anyway. plan under IRS regulations? 6. Private retirement plan using IRC 401A Costs may be less than PERS or Social Security. Another program to administer. money-purchase plan. May have to join Social Security some day City of Irvine is working with ICMA on anyway. this. (Available only to agencies with 401 plan?) 7. PERS: Lower tier of benefits Costs could be lower than Social Security or Full-time regular employees may view this as a existing PERS plan. step toward reducing their PERS benefits. Legislation needed to implement this. 8. Payroll Service Company Costs could be lower than Social Security. Costs could be higher than Social Security. Someone else does all administration of part- May create a class of employees over whom time employees. we have less control. Counties must comply with Government Code Section 31000.4, which limits use of "temporary help" firms. A-4 .