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Travis County Commissioners Court

December 21, 2004
Item 8

View captioned video.

Let's call up number 8. That ought to be a pretty quick item. Then we'll go to number 38.
>> will is to consider and take appropriate action on modification to 457-b, deferred compensation plan, to include a participant loan provision.
>> thank you, judge, Commissioner. Good morning. We're here today to discuss with the court an option that we brought with several other options a few weeks back and indicating we would bring this up separately. This is a provision that would allow our participants in the 457 plan to borrow against their account, and they would do say at a rate of one percent over the prime as determined by the wall street journal. For instance, last night the prime was five and a quarter percent, so the loan rate would be six and a quarter percent. And they could borrow up to 50% of their account balance. Five and a quarter percent.
>> so I guess the example that we have as far as what we have here was based on the prior -- for the last two weeks of the last quarter?
>> somewhere back.
>> those two weeks? So five and a quarter prime. So with the one percent we're saying six and a quarter.
>> it would be six and a quarter today.
>> thank you for that, because it's changed. Okay.
>> and it's determined by the wall street journal prime at the end of a particular quarter, so next quarter that may change again. It changes each quarter. The maximum amount that can be borrowed is 50% of what is in the participant's fund, so if they had 20 how 20,000 in the fund, they could borrow up to 10,000. There are points of the loan provision I do want to point out, two other factors. Attachment 1 and attachment 2, we've made some changes to, but these are hard cover documents and it will take the programmers into the next quarter to make the changes we've asked for. The other point is that this will not -- loan will not be repaid to repay their deduction. They will be repaid through a checking October -- draw on a checking account, but not a draw on payroll. This is be done through withdrawals from the checking account. We have two numbers, as we go forward, william sear's is the regional director from houston. This is our local account representative. So if there are questions, I知 sure they're quick to answer.
>> i've got a couple of them. And as you stated earlier, ns one that did not get approved because of the fact that we didn't have all the necessary provisions. We have some cleanup things that need to be done. However, I need to basically find out, is there an existing model of this particular 457 program, loan program, was that existing somewhere else? And if so, could you tell me where and is it a success or failure?
>> my name is william sides, I知 program director with nationwide. One example is harris county hospital district, we have the loan provision there and it's going in -- and they have ach also. It's going very well. That's one general area. The folks who are participating in the loan provision, it's going very well there. There's over 100 plan sponsors who have enacted the loan provision in the 457 since the new rule in 2001 allowing the 457 -- the loan provision to come inside the 457 as it is in the 401-k as they've had available to them for quite some years since it was created. And I think it's -- I think that the loan provision coming into the 457 is a good thing. And again, in harris county, a hospital district is going very well.
>> any others other than harris county?
>> the company has over 100 sponsors who have brought in the loan provision. Nueces county has enacted it in their program.
>> any other programs?
>> my name is kim wilder. My experience was with the state of Texas 401-k and 457 program for 10 years. And they had a loan provision for the entire time I was with them. And we processed hundreds of loans a month. And we were very successful there.
>> okay. The last thing, I just wanted to make sure that the employees -- how many employees do we have right now currently that are part of the deferred comp success with nationwide? Do we have any idea? Ballpark?
>> the last thing I heard was just over a thousand, which has increased by quite a number in the last three or four months, but I think it's just over a thousand.
>> the question that you asked was fixed asset. Fixed asset is a particular choice of investment. The thousand refers to the number of people in Travis County who are in deferred comp and have put it in some investment. It may not be --
>> (indiscernible). But the other thousands that are participating in this.
>> in the 457 plan.
>> okay. The last thing I want to make sure is the employees of Travis County that are in this program realize that it is a fixed rate, according to what you're saying, for the term of the loan. In other words, if you come in whenever, in the fly, and at today's rate, let's say the prime just went up to five and a quarter, so it means six and a quarter with the one percent. So that means if the person comes in before the next quarter, which would be March of '05, prior to the end of that quarter, that would be the decreased rate from the loan? Is that correct or incorrect?
>> I don't think so, because that would be the fixed rate until December 31st. And we're at the end of a quarter wit December 31st. So whatever the rate for this quarter, like the quarter, October, November, December is, that would determine what the rate would be for January through March, I would think.
>> well, I didn't hear that.
>> the rate today the rate would stay at 6.25%. If it's taken out in March, it would be whatever the prime rate is according to the wall street journal plus one% and it would be fixed through the duration of the loan.
>> correct. Thank you. Last year -- some other members of the court may have questions, but there is something that we discussed and didn't go into a lot of detail, but talked about the default, the penalty of the default. Let's say a person did not in the checking or savings account is debited for the amount of the loan, for whatever reason something happens, can you explain the default previously, please?
>> sure. What happens is the participant requests a loan. This would be the process. The participant would request a loan and a loan is processed within five to 10 business days. And then the loan is set up as an ach withdrawal from a checking or savings account. If for some reason the checking or savings account didn't have sufficient funds in it at the time of the debit, that would be considered a defaulted payment, and that would be considered similar to a returned check. So they would have a charge for the returned check fee or returned debit. The participant is allowed then to send in a personal check or cashier's check or money order to nationwide for that payment within 30 days. If 30 days goes by and they have not sent in a personal check for the amount missed, the following month we will try to debit two payments for the loan, the one missed and then the current. When that is defaulted on, there is money for that amount. The loan is considered in permanent default. The exception to the permanent default would only be if we had misinformation about a checking or savings account and the loan payment was not made for those circumstances. But if the money was not there and the loan payments were not made after 60 days, the loan would be in default and the participant would be issued to 99 at the end of that calendar year for the amount that was not repaid.
>> but they would be notified continuously.
>> but it wouldn't be considered as income then. Before that it's not really income, just a loan, but if you default, then you would be -- your 1099 would say this is now income.
>> you did not mention a default fee. Has that been waived?
>> no, there is a default fee as well. When you default on your loan, it will cost you $50 in the default fee. In addition to the $25 it cost because you did not make the automatic withdrawal.
>> that's the fee, that $25 would be for the checking account. You may have -- the individual may have a cushion, they may not be charged $25 in the checking account, but they will be charged $30 from nationwide.
>> this person has 25,000, $30,000 in that account, whatever they have, does that money continue to stay in -- let's say it $20,000 and you borrow half of it. The requirement is that you can only get half of what you have invested, is that correct? All right.
>> that is correct, 50%.
>> so if that's the case then, would the whole enforcement of the investment stay intact at the 20,000-dollar level even though you've borrowed $10,000 against the total?
>> yes. You do not liquidate or sell your investment to cover the amount of the loan.
>> nationwide actually loans you. The loan is actually made to you. Your money is actually collateral that nationwide actually loans you the amount that you request.
>> that's not what we said in those meetings. What we said in those meetings was that the money was -- what you said in those meetings was that the money came out of the participant's account and that the participant's account loaned it, and therefore the interest that was earned by the loan goes back into the participant's account and the only portion of that -- of the payments that the employee has to make in addition to paying back the principal are the other charges that nationwide -- you didn't mention those and I forgot what the amount is, but it was a small amount. So if the money is loaned from their account, then their assets in their account should show up as 20,000 total, 10,000 loan and 10,000 in whatever other investments they have available to them.
>> my understanding is the $10,000 would move from there to a holding account, but still earn whatever -- the fixed account is still earning interest. The interest that's charged on the account -- on the loan goes back in the participant's account for your fee.
>> in addition to the six and a quarter.
>> if the person was to -- after hearing this and if the court decides to approve this today,, number one, what would be the effective date of this particular program. Number 2, is when would -- what would a person have to do to apply for a loan? What steps?
>> that would be up to the hr department once you've signed the official documents, then all provisions would be enacted.
>> and you could -- as soon as you approved -- as soon as the effective date of the loan, you could call customer service and request a loan, and again, that processing time is about five to 10 business days.
>> they can request a check or they would credit it to your checking account, whichever you prefer.
>> there was one other question I had. If you default on the loan, the amount declared is the unpaid portion of the loan only.
>> that's right. Unpaid balance.
>> there are two documents in order to add this mod fa modification to the plan, there are two documents. They're shown as attachment one and attachment two that are required to be signed if the court approves the amendment. And those are received by nationwide. It takes them about 10 days, it's my understanding, to get the system set up. So it would be within 10 days that an individual could call customer service to initiate.
>> what would be the contact person. What is that number?
>> 1-800--405- 8430.
>> that was my final question, judge.
>> I have three or four. The first is is there a prepayment penalty?
>> no, sir.
>> so in the example, if I borrow $10,000 from myself, and the interest rate is 5.8, let's just take your example here, I end up paying back 11483.17. So is my deferred compensation total increased by this much at the end of the loan?
>> yes, sir.
>> and that example includes other costs?
>> yes.
>> the example that they have includes the fee.
>> if you look at the example that you had, there's a column that says other costs. That's the cost of administration that nationwide charges. Of that 11,000 whatever that you paid back, that one column there that's the other costs column goes to nationwide, would not go into your account. What you're talking about is if it's 11,300, about 11,150 goes into your account and about 150 goes to nationwide. I知 just guessing on the 150. That may object the high end rather than accurate -- may be on the high end rather than accurate.
>> so you do pay the costs. So what right into the employee have to convert this loan to a withdrawal? Let's say I borrow $10,000 and I decide two months later, you know, i'd rather just take my money and deal with the i.r.s. At the end of the year. Could I just do that at my discretion?
>> under the 457 provision it has to be what they call for an emergency. Once the loan is enact -- you're asking once the loan is enacted?
>> yes, sir. [overlapping speakers].
>> in addition to the taxable --
>> there's not a tax on 457 program.
>> we will put together a one or two pager, and in simple english language that would explain to county employees exactly what the loan program is.
>> we can work with nationwide to do that. We have a cover letter that they've agreed to send with all loan corporations.
>> based on our discussion today, I would do a question/answer. We've been doing questions today. The answers have not been as clear as I would hope. But in a two-page description, you can deal with the most asked questions. I知 assuming that Travis County employees have indicated an interest in the ability to borrow against money they have in deferred compensation. And so you're trying to accommodate employee participants basically.
>> absolutely.
>> so it does seem to me that there ought to be a two-pager that explains here's what the loan program is all about before you get into it.
>> we have a loan brochure that already does do -- it's a trifold.
>> let's get that straight with court and maybe we ought to look at that in draft form before we finalize it.
>> a handout?
>> I really have 10 or 12 others. When I see the description, I will -- either these questions will be addressed or they won't, and i'll know to ask them to you, which I can do by telephone or in an office meeting rather than in court today. What I知 suggesting, though, is that we need a good description of the program so employees who decide to borrow against their deferred comp funds will know exactly what they're getting into.
>> oh, yeah.
>> anything else for the court?
>> judge?
>> yes, sir.
>> I think it's a good idea. I mean, I -- I for one am very much in favor that it's you're money, you ought to be able to do what you want to on with it, but there's a same question that a lot of people are asking about social security, is that if you wonder whether or not people are really capable of dealing with the money that they are -- that they are owed, and unfortunately, some people are pretty good with dealing with money and some people aren't. But I do think that if somebody is -- is putting money back in the 457, that they ought to be able to deal with it. I agree that I think that there needs to be a one pager or two pager would people really understand exactly what's happening, but it seems like that it's fair from nationwide's standpoint, so I don't have a philosophical issue with it. I mean, I think we're doing the right thing for folks because quite honestly, people need access to the money that they have. I would hope that they can take care of their own house and realize that if they're going to borrow this money and take it down that their investments aren't going to be what they really wanted them to be. So i'd like to send a message that I philosophically feel like that this is a good thing to do for the employees. But I do want people to understand exactly what the ramifications are whenever they take the money out. And if for some reason they can't repay. [one moment, please, for change in captioners]
>> ... That will be a significant issue, you know, should we approve it? So you can be assured that the workshops that the employees will attend, that will be a pig part of what I explain to the employee as a tool for them to use. It's there and available and it may not be for everyone.
>> may not be.
>> and I encourage them to get counseling.
>> how long will it take to implement.
>> the division?
>> yes, sir.
>> within once the documents are received the county solutions with right away.
>> how long will it take to provide us a copy of the two-page written description?
>> [inaudible]
>> I have a brochure. Of a description of a problem for county employees. Anymore discussion? Chief, you get that today and we'll get you the rest of the court. I知 assuming we'll have an opportunity to give you comments. Either by telephone or in writing which we can do in -- we'll get those to you let's say by early January. I知 assuming it will take 30 days to get this up at the least.
>> I believe that is probably accurate, judge, by the time the documents are receive and processed through nationwide.
>> give us two weeks.
>> we'll have it to you by next week to review.
>> if you could give us a copy of the state's description of -- description of the state's loan program, that will help too.
>> the state of Texas?
>> the state of Texas.
>> can I say something real quick? We also have a brochure, a loan brochure, if that -- okay.
>> anything that you have that you think will help.
>> thank you.
>> I知 hoping for something that is tailored to Travis County unless the other is clearly more beneficial. I figure if I understand it, Travis County employees will.
>> okay.
>> great.
>> anymore discussion on the motion? All in favor? That passes by unanimous vote. Thank y'all very much.
>> thank you.

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Last Modified: Wednesday, October 26, 2005 2:30 PM