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Social Security Elected OfficialsMEMORANDUM March 31, 2003 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Social Security Coverage for Part-Time Elected Officials The City received a February 12, 2003 request from IPERS relative to Social Security Coverage for Part-Time Elected Officials. A determination is required by the City Council regarding the option of providing both social security and IPERS coverage or retaining the current policy of providing either social security or IPERS. If the City Council opts to provide both social security and IPERS, City Council action is needed and all members will be required to participate. The City Council must also choose a starting date for this coverage, if the Council does not opt for a change at this time, coverage could be pursued at a later date. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Ken TeKippe, Finance Director CITY OF DUBUQUE, IOWA MEMORANDUM TO:Michael Van Milligen, City Manager FROM:Ken TeKippe, Finance Director SUBJECT: Social Security Coverage for Part-Time Elected Officials DATE:March 24, 2003 Enclosed is a February 12, 2003 request from IPERS relative to Social Security Coverage for Part-Time Elected Officials. A decision should be made at the April 7, 2003 City Council Meeting to meet the 60 day deadline. Questions 2, 3, and 4 of the letter should be answered non-applicable. Question 1 should be answered after a determination by the City Council is made regarding the option of providing social security and IPERS coverage or retaining the current policy of providing either social security or IPERS. Currently all of our elected officials participate in IPERS (3.70% withholding). All elected officials are required to participate in Medicare which results in 1.45% withholding. The current annual budget impact for providing social security coverage in addition to IPERS will be $8,000 x 6.20% withholding ($496) for each council member ($2,976 total) and $11,000 x 6.20% withholding for the mayor ($682) for a total $3,658 City match. According to Jim Burke from IPERS, the mayor or another elected official should sign the form. If the City Council opts to provide both social security and IPERS, City Council action is needed and all members will be required to participate. Wording for the City Council action is being finalized by IPERS, as well as, the process that will need to be followed. The start date can be determined by the City Council action (i.e. January 1, 2004 or perhaps the beginning of the quarter may be appropriate). If the council does not opt for a change at this time, coverage could be pursued at a later date. If you have any questions relative to this issue, please feel free to contact me. Thank you. KT/jg Enclosure CC:Randy Peck, Personnel Manager Barry Lindahl, Corporation Counsel Thomas J. Vilsack GOVERNOR Sally J. Pederson LT. GOVERNOR February 12, 2003 IPERS CITY OF DUBUQUE KENNETH TEKIPPE, FINANCE DIRECTOR 50 W 13TH ST CITY HALL DUBUQUE, IA 52001 RE: Social Security Coverage for Part-time Elected Officials Dear KENNETH TEKIPPE: As the result of recent changes in Iowa law, IPERS must contact all employers of part- time elected officials regarding Social Security coverage. We apologize in advance for the length of this letter. We believe some detailed explanation of the current situation will help employers better understand the need for the information you are asked to provide to IPERS at this time. The original agreement between the State of Iowa and the Social Security Administration (SSA) by which Social Security coverage was extended to Iowa's public employees (the "218 Agreement''), excluded Iowa's part-time elected officials from Social Security coverage. However, in 1991, the Social Security Act was amended to provide mandatory Social Security coverage for nearly all employees, including most part-time elected officials, unless the employee was covered under a retirement plan like IPERS. If the retirement plan exception applied, mandatory coverage ended. A problem arose when part-time elected officials were covered by IPERS, but the employer did not end Social Security coverage. IPERS received many requests from covered employers for authorization to provide both IPERS and Social Security coverage to their part-time elected officials. In response to these requests, IPERS agreed to pursue a modification to the 218 Agreement to allow dual coverage. The Iowa Legislature adopted voluntary coverage for elected officials in 2002. The amendment was drafted to permit employer-by-employer adoption of this dual coverage. The next step was to request approval from SSA. IPERS finally received approval for the employer-by-employer adoption process from the Social Security Administration on December 19, 2002. The approval process requires each employer of part-time elected officials to hold a referendum IF the employer desires to retain prior dual coverage for part-time elected officials, or to beqin dual coverage. Iowa Public Employees' Retirement System 7401 Register Drive · EO. Box 9117 · Des Momes, IA 50306-9117 · Phone 515-281-0020 · 800-622-3849 Benefits FAX 515-281-0053 · Legal & Investments Management FAX 515-281-0045 · Operations Fax 515-281-0055 info@ipers.state.ia.us · wwv~state.ia.us/ipers Letter re: Social Secudty Coverage for Part-time Elected Officials Page 2 If an employer does not act to ratify prior dual coverage, prior Social Security contributions are considered to be in error and must be corrected. Tax years before 1999 are closed due to limitations set by SSA and IRS, so those employers and employees who are entitled to refunds of erroneous prior Social Security contributions will not be able to recover contributions made for previous years. Corrected income tax reporting forms will have to be prepared for employers in those situations. Preparation of corrected tax reporting documents and refund requests will be the employer's responsibility with information provided by the IRS. We are now at the point where you, the employer, are asked to provide IPERS with information about how you have coordinated IPERS and Social Security coverage for your part-time elected officials, and what your plans are for future coordination of such coverage. Please complete the questionnaire on pages 3 and 4, sign as indicated, and return the form in the enclosed envelope. This form is to be completed and signed by an officer. Once IPERS has received all the responses, the Employer Relations Team will compile the answers and notify the employers of the next steps required under the new law. Your response to this letter must be received within 60 days from the date of this letter. Failure to cooperate in a timely manner may result in IPERS' referral of the matter to the Social Security Administration and the Internal Revenue Service for further review. If you have any questions, please contact IPERS at one of the telephone numbers listed on page one, and ask for a member of the Employer Relations Team. Thanks for your assistance with this project. IPERS' Employer Relations Team This question is for: EMPLOYERS WHO HAVE PROVIDED ONLY SOCIAL SECURITY OR IPERS COVERAGE TO PART-TIME ELECTED OFFICIALS. __ This employer DOES NOT desire to provide both Social Security and IPERS coverage for its part-time elected officials. No corrections are necessary because the employer's payroll practice has been to discontinue mandatory Social Security contributions for part-time elected officials who choose IPERS coverage. The employer DOES desire to provide both Social Security and IPERS coverage for its part-time elected officials and hereby requests more information from IPERS about referendum and other requirements necessary to approve such dual coverage in the future. No corrections are necessary, because the employer's payroll practice has been to discontinue mandatory Social Security contributions for pad-time elected officials who choose IPERS coverage. This question is not applicable for this employer. This question is for: EMPLOYERS THAT PROVIDED BOTH SOCIAL SECURITY COVERAGE AND IPERS COVERAGE TO PART-TIME ELECTED OFFICIALS AFTER THE OFFICIALS COMMENCED IPERS PARTICIPATION. __ The employer DOES NOT desire to provide both Social Security and IPERS coverage to its part-time elected officials. The employer understands that corrected income tax reporting documents must be filed for tax years beginning with 1999 for all such individuals, and that the employer has sole responsibility for filing such corrected reports and for taking the additional steps necessary to obtain the applicable refunds of member and employer Social Security contributions. __ The employer .DOES desire to provide both Social Security and IPERS coverage to its part-time elected officials, and hereby requests more information from IPERS about referendum and other requirements necessary to approve such dual coverage. Employer understands that, once approved through the referendum process, coverage will apply to all prior and future Social Security coverage for such officials. This question is not applicable for this employer. 3 This question is for: EMPLOYERS THAT PROVIDED BOTH SOCIAL SECURITY COVERAGE AND IPERS COVERAGE TO SOME BUT NOT ALL PART-TIME ELECTED OFFICIALS AFTER THE OFFICIALS COMMENCED IPERS PARTICIPATION. __ The employer has provided mandatory Social Security coverage and IPERS coverage for some, but not all, of its part-time elected officials. Please attach explanation. This question is not applicable for this employer. 4. This question is for: EMPLOYERS WHO HAVE NEVER PROVIDED ANY COVERAGE FOR PART- TIME ELECTED OFFICIALS UNDER EITHER THE MANDATORY SOCIAL SECURITY COVERAGE PROVISIONS OR IPERS, __ The employer has never provided mandatory Social Security coverage or IPERS coverage to its pad-time elected officials. Please attach explanation. This question is not applicable for this employer. By signing and returning this form the officer represents that the officer has the authority to complete the form, or has been duly authorized by the employer's operating body to complete the form as submitted to IPERS. Name of official Date Title 31305 CITY OF DUBUQUE