HomeMy WebLinkAboutOrder No. 20-008 - TIAA Order (04-02-20)JOSEPH E. SMITH, CLERK Off' Tv.'E CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4697660 04/09/2020 04:06:11 PM
OR BOOK 4407 PAGE 18% - 1900 Doc Type; ORD
Order No. 20-008 RECORDING: $44.00
AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR REGARDING TIAA
REQUESTED ELECTION FOR THE COUNTY'S DEFERRED COMPENSATION PLAN
WHEREAS, the St. Lucie County Administrator has made the following determinations:
1. Novel Coronavirus Disease 2019 ("COVID-19") is a severe acute respiratory
illness that can spread among humans through respiratory transmission and presents with
symptoms similar to those of influenza; and
2. In late 2019, a new and significant outbreak of COVID-19 emerged in China; and
3. The World Health Organization previously declared COVID-19 a Public Health
Emergency of International Concern; and
4. In response to the recent COVID-19 outbreak in China, Iran, Italy, Japan and South
Korea, the Centers for Disease Control and Prevention ("CDC") has deemed it necessary to
prohibit or restrict non -essential travel to or from those countries; and
5. On March 1, 2020, the Governor of the State of Florida issued Executive Order
Number 20-51 directing the Florida Department of Health to issue a Public Health Emergency;
and
6. On March 1, 2020, the State Surgeon General and State Health Officer declared
a Public Health Emergency exists in the State of Florida as a result of COVID-19; and
7. On March 7, 2020, the Governor of the State of Florida directed the Director of the
Division of Emergency Management to activate the State of Emergency Operations Center to
Level 2 to provide coordination and response to the COVID-19 emergency; and
8. On March 9, 2020, the Governor of the State of Florida issued Executive Order
Number 20-52 declaring that a state of emergency exists in the State of Florida as a result of the
spread of the COVID-19 virus and imminent threat to the health and welfare of the citizens of
Florida; and
9. The CDC currently recommends community preparedness and that everyday
prevention measures should be taken by all individuals and families in the United States, including
voluntary home isolation when individuals are sick with respiratory symptoms, covering coughs
and sneezes with a tissue and disposal of the tissue immediately thereafter, washing hands often
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with soap and water for at least 20 seconds, using alcohol -based hand sanitizers with 60%-95%
alcohol if soap and water are not readily available and routinely cleaning frequently touched
surfaces and objects to increase community resilience and readiness for responding to an
outbreak; and
10. The CDC currently recommends mitigation measures for communities
experiencing an outbreak including staying at home when sick, keeping away from others who
are sick, limiting face-to-face contact with others as much as possible, consulting with your
healthcare provider if individuals or members of a household are at high risk for COVID-19
complications, wearing a facemask if advised to do so by a healthcare provider or by a public
health official, staying home when a household member is sick with respiratory disease symptoms
if instructed to do so by public health officials or a health care provider; and
11. On March 13, 2020, the President of the United States issued a proclamation of a
declaration of national emergency; and
12. On March 13, 2020, the Coordinating Officer for the State of Florida Division of
Emergency Management issued Emergency Order No. 20-004, authorizing the Department of
Education to delay school assessments and to adjust school calendars including rescheduling,
extending or cancelling spring breaks; and
13. On March 16, 2020, President Donald J. Trump and the Centers for Disease
Control and Prevention (`CDC') issued the "15 Days to Slow the Spread" guidance advising
individuals to adopt far-reaching social distancing measures, such as avoiding gatherings of more
than 10 people, and in states with evidence of community spread, recommending restrictions to
certain establishments conducive to mass gatherings and congregations; and
14. On March 29, 2020, the President extended such guidance to be in effect until
April 30, 2020; and
15. On March 17, 2020, the St. Lucie County Public Safety Director declared a State
of Local Emergency COVID-19 Public Health Emergency ("St. Lucie County Declaration of
Emergency"); and
16. On March 24, 2020, the Governor of the State of Florida issued Executive Order
No. 20-83 directing the State Surgeon General and State Health Officer to issue a public health
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advisory to all persons over 65 years of age and persons that have serious underlying medical
conditions that place them at high risk of severe illness from COVID-19 urging them to stay home
and to take such other measures as necessary to limit their risk of exposure to COVID-19; and
17. Pursuant to Executive Order No. 20-83, the Governor of the State of Florida further
directed the State Surgeon General and the State Health Officer to issue a public health advisory
providing that individuals should cease all social or recreational gatherings of 10 or more people;
and
18. On March 25, 2020, the State Surgeon General issued a Public Health Advisory
consistent with Executive Order 20-83; and
19. On March 25, 2020, the President of the United States declared that a major
disaster exists in the State of Florida as a result of COVID-19; and
20. On April 1, 2020, the County received the following email:
The Coronavirus Aid, Relief, and Economic Security (CARES) Act includes two
provisions enabling participants to access retirement plan accumulations to
address financial hardships resulting from the Coronavirus outbreak:
• Coronavirus distributions of up to $100,000.00 — TIAA Traditional accounts
in RA/GRA/RC contracts are not eligible for these distributions, except via TPA
advances.
• Increased loan limits to $100,000.00 or 100% of the balance (with different
conditions for RPLs versus collateralized loans)
Because plan sponsors can decide not to offer these provisions, TIAA is using a
"negative election" process to expedite the rollout. We will make the withdrawals
and loans available to participants unless plan sponsors tell us they do not want
to do so. For plan sponsors using TIAA plan documents, the provisions are being
made available until a plan sponsor opts out. For those not using our plan
document, the provisions will be made available on April 6. (Clients have until the
end of 2022 to amend plan documents for the provisions.)
Please respond with your option by replying to this email. After April 6 TIAA will
offer loans and hardships to all plans, regardless of the plan document they use,
unless you opt out.
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21. Due to emergency conditions outlined above, the County's Deferred
Compensation Committee is unable to meet before the April 6, 2020 deadline; and
22. Paragraph 2 of the St. Lucie County Declaration of Emergency provides that the
County Administrator may take all actions necessary and appropriate to protect human life and
prosperity, to the extent necessary to accommodate the emergency; and
NOW, THEREFORE, BE IT ORDERED AS FOLLOWS:
1. The determinations, orders, and declarations identified above are incorporated
herein.
2. 1 hereby authorize the County's Finance Director to make the election required by
TIAA before April 6, 2020.
3. The County Finance Director election, as set out above, shall be placed on the
agenda of the next Deferred Compensation Committee for purposes of ratifying
the decision of the Finance Director.
Severability.
Any provision(s) within this Order that conflict(s) with any State or Federal law or constitutional
provision, or conflict(s) with or are superseded by a current or subsequently -issued Executive
Order of the Governor or the President of the United States, shall be deemed inapplicable and
deemed to be severed from this Order, with the remainder of the Order remaining intact and in
full force and effect.
This Order is effectiveas of 8:00 a.m. on 3rd day of April, 2020. This Order will expire upon the
expiration of the existing State of Local Emergency, as same may be extended by subsequent
order or declaration, unless earlier terminated by subsequent Order.
Prior resolutions and emergency orders remain in force and effect unless modified or superseded.
This Order shall be filed in the Office of the Clerk of the Circuit Court.
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Signed this. day of ') 2020 at (a.m.) N.m.
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