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HomeMy WebLinkAboutItem 2b: Amendment to Contract with City Manager for Reimbursement of Life Insurance Purchased on a One-time BasisDATE: October 5, 2010 TO: Mayor and City Council SUMMARY DISCUSSION STAFF REPORT Administrative Services Department FROM: Hue C. Quach, Administrative Services Director Michael A. Casalou, Human Resources Administrator /14t.. SUBJECT: APPROVE AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ARCADIA AND CITY MANAGER TO ADD A REVISED SUB - SECTION ENTITLED LIFE INSURANCE REIMBURSEMENT ON A ONE TIME BASIS FOR DOCUMENTED PURCHASE OF SUCH POLICY Recommendation: Approve It is recommended that the City Council approve an amendment to the employment agreement between the City of Arcadia and City Manager to add a revised sub - section entitled Life Insurance Reimbursement wherein the City will reimburse an amount not to exceed Forty One Hundred Dollars ($4,100.00), on a one time basis, for the City Manager's documented purchase of a personal term life insurance policy. The current employment agreement between the City of Arcadia and City Manager Donald Penman automatically renews effective January 1, 2011. While Mr. Penman is currently eligible to retire, he has expressed an interest in remaining as City Manager, and the City Council has apparently indicated a desire for him to remain as well. Under the City's current retirement system, the California Public Employees Retirement System (CaIPERS), if an employee who is eligible to retire (minimum age of 50 and at least 5 years of service in a PERS agency) but does not, and passes away without having the opportunity to retire, their surviving spouse would only receive one half of what the retirement benefit would be otherwise. Considering this risk, Mr. Penman has requested the City Council consider a contract amendment to reimburse him for the cost not to exceed $4,100.00 for his documented purchase of term life insurance on a one- time basis. This policy would essentially cover the difference in what his retirement benefit could be as opposed to what it would be if he were to pass away without retiring. Mayor and City Council October 5, 2010 Page 2 of 2 If the City Council approved Mr. Penman's request, it would be taxable to Mr. Penman but would not be included in income used to calculate any future retirement amount; in other words, it would not increase his future pension. In response to his request, the City Council appointed an ad hoc committee comprised of Council members Harbicht and Segal to meet with the City Manager to discuss his request and prepare a recommendation for City Council consideration. The Committee finds the insurance policy request to be reasonable as the risk is significant for Mr. Penman. Additionally, the Committee would also like to note that Mr. Penman, in recognition of the overall economic situation, voluntarily returned to the City 3% of his scheduled 5% raise he was entitled to by contract back in January 2010, representing $6,115.00. After thoughtful consideration to the amendment and the benefit of retaining our current City Manager, the Committee is recommending the City Council approve the attached contract amendment providing the City Manager with a one -time reimbursement for his purchase of a personal term life insurance policy. FISCAL IMPACT If approved, the total cost of this amendment is $4,100.00. Sufficient funds are available in the FY 2010 -11 Operating Budget. RECOMMENDATION It is recommended that the City Council approve the attached amendment to the Employment Agreement between the City of Arcadia and Donald Penman to add a revised sub - section entitled Life Insurance Reimbursement, on a one time basis, for documented purchase of such policy and authorize the Mayor to sign. Attachment FIRST AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ARCADIA AND THE CITY MANAGER This AMENDMENT (hereinafter referred to as "First Amendment ") is made and entered into between Donald E. Penman (hereinafter referred to as "Manager ") and the CITY OF ARCADIA (hereinafter referred to as "City "), in order to amend, in writing, the terms and conditions of employment for the City Manager of the City. WHEREAS, effective January 1, 2008, City and Manager entered into an Employment Agreement (hereinafter referred to as "Agreement "); and WHEREAS, City and Manager wish to amend said Agreement to provide for a one time reimbursement for Manager's purchase of a term life insurance policy. NOW, THEREFORE, the parties hereto agree as follows: 1. Except as modified by this First Amendment, all provisions of the Agreement shall remain in full force and effect for the term hereof. In case of any conflict, the terms of the Agreement shall prevail over the provisions of the First Amendment. 2. Section 4. of the Agreement, entitled BENEFITS, shall be amended to add a revised Sub - section (e), entitled Life Insurance Reimbursement, to read as follows: "Manager shall be reimbursed for the premium expense, in an amount not to exceed Forty One Hundred Dollars ($4,100.00), on a one time basis, for his documented purchase of a personal term life insurance policy." 3. Section 4. (e) of the Agreement, currently entitled Supplemental Benefits, shall be labeled Section 4. (f). IN WITNESS WHEREOF, the parties have executed this Agreement on the day of , 2010. CITY OF ARCADIA MANAGER Peter Amundson, Mayor Donald E. Penman