A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY TO AMMEND THE ASSOCIATION COUNTY COMMISSIONERS OF GEORGIA DEFINED BENEFIT PLAN FOR BUTTS COUNTY EMPLOYEES; TO REPEAL CONFLICTING RESOLUTIONS, POLICIES OR PLAN DOCUMENTS; TO AUTHORIZE THE CHAIRMAN TO SIGN THE RESOLUTION; TO AUTHORIZE THE CLERK OF BUTTS COUNTY TO ATTEST THE RESOLUTION; AND FOR OTHER RELATED AND LAWFUL PURPOSES.
WHEREAS, Butts County is a duly created and validly existing political subdivision of the State of Georgia under the Constitution and laws of the state of Georgia; and
WHEREAS, the Butts County Board of Commissioners, hereinafter referred to as “The Employer”, is the elected governing body, charged with managing the affairs of the County and as such, is empowered by Law to adopt Resolutions and other Acts, and;
WHEREAS, Butts County, Georgia (the “Employer”) by and through the Butts County Board of Commissioners has previously adopted the Association County Commissioners of Georgia Defined Benefit Plan for Butts County Employees (the “Plan”), through an Adoption Agreement most recently amended and restated effective January 1, 2015, and;
WHEREAS, Section 16.02(b) of the Plan allows the Employer to amend the elective provisions of the Adoption Agreement at any time, and;
WHEREAS, Section 16.02(a) of the Plan allows the Employer to amend the provisions of the Plan document with the approval of the Association County Commissioners of Georgia (“ACCG”) Defined Benefit Plan Board of Trustees, and;
WHEREAS, the Employer desires to amend Adoption Agreement Section 1.13, Credited Service, to increase the maximum number of years of Credited Service that may be taken into account under the Plan from thirty-five (35) to forty (40), effective January 1, 2020 for all Employee classes under the Plan, and;
WHEREAS, the Employer desires to amend Adoption Agreement Section 5.03, Amount of Normal or Late Retirement Pension, to increase the percentage multiplier used to compute the Normal Retirement Pension from one and one-half percent (1.5%) to two percent (2%), effective January 1, 2020, except as otherwise provided below with respect to former employees who return to service on or after the date the amendment is adopted by the Board of Commissioners, and;
WHEREAS, the Employer desires to amend the Adoption Agreement to create a new Employee class (Class 6), consisting of former employees who are not currently employed with the Employer and who first or again become Eligible Employees on or after the date the amendment is adopted by the Board of Commissioners, and;
WHEREAS, the Employer desires to amend Plan Section 5.03, Amount of Normal or Late Retirement Pension, to provide that for Class 6 Employees, the two percent (2%) multiplier referred to above shall be used to compute only the portion of their Accrued Benefit that is attributable to Credited Service on or after January 1, 2020, and the portion of their Accrued Benefit that is attributable to Credited Service before January 1, 2020, if any, shall be computed using the applicable percentage multiplier in effect as of their most recent termination of employment preceding reemployment, and;
WHEREAS, the Employer desires to amend Adoption Agreement Section 8.05, Vesting Schedule, to reduce the number of years of Vesting Service required for certain Participants to become one hundred percent (100%) vested in their Accrued Benefit from ten (10) years to seven (7) years, effective January 1, 2020, and;
WHEREAS, the Employer desires to amend Plan Section 8.05, Vesting Schedule, to provide that, notwithstanding the above-referenced change in the vesting schedule, Class 6 Employees must attain ten (10) years of Vesting Service to become vested in the portion of their Accrued Benefit attributable to Credited Service prior to January 1, 2020, if any; and
WHEREAS, the Employer desires to amend Plan Section 8.05, Vesting Schedule, to provide that service as a part-time employee on and after January 1, 2020 shall not count as Vesting Service under the Plan, now, therefore be it:
RESOLVED, that the Commission hereby declares that the foregoing preamble and whereas provisions set forth hereinabove constitute, and shall be considered to be, substantive provisions of this Resolution and are hereby incorporated by reference into this provision.
BE IT FURTHER RESOLVED, that at a meeting held on the 4th day of November, 2019, the Butts County Board of Commissioners hereby resolves that the Board of Commissioners did approve the adoption of the attached Plan Amendment #2 and Adoption Agreement Amendment #1, effective as of January 1, 2020 except as otherwise provided therein, subject to approval of the changes made to the Plan document by the ACCG Defined Benefit Plan Board of Trustees, and;
BE IT FURTHER RESOLVED that any and all resolutions or parts of resolutions, or policies or ordinances in conflict with this Resolution shall be, and they, to the extent of such conflict are, hereby repealed, and;
BE IT FURTHER RESOLVED that it is the express intention of the Board of Commissioners that each independent provision of this Resolution should be adopted, and that the Board would have adopted each such independent provision even if the others had not been adopted; therefore, in the event that a court of competent jurisdiction finds any of the aforementioned to be unlawful, invalid or unenforceable, that it is the intent of the Board of Commissioners that the offending provision be severed, and that all lawful provisions remain in force, and;
BE IT FINALLY RESOLVED that the Board does hereby authorize the Chairman of the Board of Commissioners to sign this Resolution on their behalf and is hereby authorized, empowered, and directed to take all further actions and to execute all documents necessary to implement these resolutions. and the Clerk of County to attest all signatures, to refer this resolution to the Book of Resolutions, Volume 1 and to append this resolution, by reference, upon the minutes of the Board of Commissioners.
Adopted in open session this 4th Day of November, 2019 in session.
/s/ Chairman Ken Rivers
/s/ J. Michael Brewer, Deputy County Administrator
As Clerk of Butts County Georgia