Deferred Compensation Board
Regular MeetingAthens-Clarke County, GA · April 27, 2020
Minutes
MINUTES
UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY
DEFERRED COMPENSATION BOARD
SPECIAL CALLED MEETING
Wednesday, April 27, 2020, 10:30 AM
The Athens-Clarke County Deferred Compensation Board held a special called meeting on
Wednesday, April 27, 2020 by WebEx and Live Stream on YouTube in accordance with the Open
Meetings Act and in response to the COVID-19 Situation. The following were in attendance by
WebEx:
ACCGov Pension Board Ordinance - Section 1-14-15 Members:
1. Tim Denson, Commissioner and Deferred Compensation Board Chair
2. Blaine Williams, Manager
3. David Boyd, Finance Director
4. Jeff Hale, Human Resources Director
5. John Spagna, Employee Representative
6. Richard Steed, Employee Representative
7. Community Representative, not yet appointed
Ex Officio members: John Hawkins, Chief Assistant Attorney
Laura Welch, Assistant Human Resources Director
Traci Mason, Benefits & Wellness Administrator
Todd Dickey, Public Information Office
Other Attendees: Kerri Jenkins, David Michaux, and Roger Pearson of AIG, Deferred
Compensation Provider
The meeting was called to order at 10:39 a.m.
1. Discussion of Coronavirus Aid, Relief, and Economic Security Act (CARES).
On March 27, 2020 the CARES Act was signed into law, making access to retirement funds
easier for participants. The Deferred Compensation Board called the meeting to consider:
Option #1 COVID-19 Hardship Clause – Applies to participants directly or indirectly impacted
(self, spouse, or dependent) by COVID-19. Those with COVID or have been furloughed,
experienced reduced hours, or been laid off are eligible. This clause allows up to $100k
withdrawal with a required affidavit or documentation. No tax is applied on withdrawal, with
participants required to return all money back into account within 3 years, through contributions
or payment.
a. If not paid back, tax is due in full at the end of the 3 years
b. Roth 457 has early withdrawal penalty if not paid back
c. Potential garnishment
d. Questions about what happens if employee terminates/retirees within 3 years
Option #2: Increase/add ability to take out loans of 100% of vested amount of employee
contributions
ACCGov DEFERRED COMPENSATION BOARD
Minutes – Special Called Meeting, April 27, 2020
Page 1 of 2
a. Repayment schedule of 5-10 years
b. ACH from bank account
c. Not taxable if repaid. Taxable if loan defaults
d. If separate from service, continue to make payments
Option #3: Amend plan (similar to in 2008) to allow non-forced Required Minimum
Distributions in 2020
a. Can stop requiring those at age 70 ½ to take money from account for 1 year;
birthday prior to 07/01/1949
b. Waives requirement for beneficiaries
Jeff Hale moved to adopt Option #1, seconded by John Spagna. The motion passed unanimously.
Jeff Hale moved to adopt Option #3, seconded by Blaine Williams. The motion passed unanimously.
David Boyd moved to adjourn the meeting, seconded by Jeff Hale.
The meeting adjourned at 11:00 a.m.
Respectfully submitted,
Laura Welch,
Assistant Human Resources Director
Secretary to the Deferred Compensation Board
ACCGov DEFERRED COMPENSATION BOARD
Minutes – Special Called Meeting, April 27, 2020
Page 2 of 2
Agenda
MINUTES
UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY
DEFERRED COMPENSATION BOARD
SPECIAL CALLED MEETING
Wednesday, April 27, 2020, 10:30 AM
The Athens-Clarke County Deferred Compensation Board held a special called meeting on
Wednesday, April 27, 2020 by WebEx and Live Stream on YouTube in accordance with the Open
Meetings Act and in response to the COVID-19 Situation. The following were in attendance by
WebEx:
ACCGov Pension Board Ordinance - Section 1-14-15 Members:
1. Tim Denson, Commissioner and Deferred Compensation Board Chair
2. Blaine Williams, Manager
3. David Boyd, Finance Director
4. Jeff Hale, Human Resources Director
5. John Spagna, Employee Representative
6. Richard Steed, Employee Representative
7. Community Representative, not yet appointed
Ex Officio members: John Hawkins, Chief Assistant Attorney
Laura Welch, Assistant Human Resources Director
Traci Mason, Benefits & Wellness Administrator
Todd Dickey, Public Information Office
Other Attendees: Kerri Jenkins, David Michaux, and Roger Pearson of AIG, Deferred
Compensation Provider
The meeting was called to order at 10:39 a.m.
1. Discussion of Coronavirus Aid, Relief, and Economic Security Act (CARES).
On March 27, 2020 the CARES Act was signed into law, making access to retirement funds
easier for participants. The Deferred Compensation Board called the meeting to consider:
Option #1 COVID-19 Hardship Clause – Applies to participants directly or indirectly impacted
(self, spouse, or dependent) by COVID-19. Those with COVID or have been furloughed,
experienced reduced hours, or been laid off are eligible. This clause allows up to $100k
withdrawal with a required affidavit or documentation. No tax is applied on withdrawal, with
participants required to return all money back into account within 3 years, through contributions
or payment.
a. If not paid back, tax is due in full at the end of the 3 years
b. Roth 457 has early withdrawal penalty if not paid back
c. Potential garnishment
d. Questions about what happens if employee terminates/retirees within 3 years
Option #2: Increase/add ability to take out loans of 100% of vested amount of employee
contributions
ACCGov DEFERRED COMPENSATION BOARD
Minutes – Special Called Meeting, April 27, 2020
Page 1 of 2
a. Repayment schedule of 5-10 years
b. ACH from bank account
c. Not taxable if repaid. Taxable if loan defaults
d. If separate from service, continue to make payments
Option #3: Amend plan (similar to in 2008) to allow non-forced Required Minimum
Distributions in 2020
a. Can stop requiring those at age 70 ½ to take money from account for 1 year;
birthday prior to 07/01/1949
b. Waives requirement for beneficiaries
Jeff Hale moved to adopt Option #1, seconded by John Spagna. The motion passed unanimously.
Jeff Hale moved to adopt Option #3, seconded by Blaine Williams. The motion passed unanimously.
David Boyd moved to adjourn the meeting, seconded by Jeff Hale.
The meeting adjourned at 11:00 a.m.
Respectfully submitted,
Laura Welch,
Assistant Human Resources Director
Secretary to the Deferred Compensation Board
ACCGov DEFERRED COMPENSATION BOARD
Minutes – Special Called Meeting, April 27, 2020
Page 2 of 2
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