HomeMy WebLinkAbout3.c. Receive update on constructive receipt issue related to district leave cash-out practices Page 1 of 2
Item 3.c.
,orVIOIN SAN
July 9, 2019
TO: ADMINISTRATION COMMITTEE
FROM: TEJI O'MALLEY, HUMAN RESOURCES MANAGER
REVIEWED BY: ANN SASAKI, DEPUTY GENERAL MANAGER
ROGER S. BAILEY, GENERAL MANAGER
SUBJECT: RECEIVE UPDATE ON CONSTRUCTIVE RECEIPT ISSUE RELATED TO
DISTRICT LEAVE CASH-OUT PRACTICES
n October of 2017, the District met with the representatives of all three bargaining units to discuss the
current accrued leave cash-out practices (Payment of Accumulated Vacation Time and Earned Overtime
Cash-Out) not being in compliance with Internal Revenue Service (IRS) regulations and thus may be
subject to severe tax implications for both the District and the employees.
No consensus was reached during that meeting on how to resolve the issue(s) and an agreement was
made between the District and the bargaining units to hold off on further discussions on the matter at that
time as it may be resolved in the then upcoming negotiations for successor Memorandums of
Understanding (MOU). As this item was not resolved during negotiations, the District has requested a
meet and confer with the bargaining units to discuss how the District can change/modify these MOU
provisions to ensure IRS compliance.
To recap, the manner in which the provisions are currently structured may lead the I RS to determine that:
1. All accrued leave that an employee has the option to convert into cash each year is constructively
received and therefore, taxable in the year made available.
2. The cash outs could be considered an ineligible deferred compensation arrangement and therefore,
taxable in the year made available (Internal Revenue Code Section 457(f)).
n addition to making accrued leave amounts taxable, both retroactively and prospectively, the District may
be subject to additional IRS penalties for non-compliance.
n order to bring the current practices in compliance, and after consulting with legal counsel, the District
has five options which are summarized below.
1. Require Employees to Irrevocably Elect an Accrued Leave Cash-Out in Advance: The District could
require that employees irrevocably elect a cash out of all or a portion of their accrued leave prior to
the taxable year in which any leave that is subject to the cash out is earned.
2. Make a Certain Level of Accrued Leave Cash-Outs Mandatory: The District could require that
July 9, 2019 Regular ADM IN Committee Meeting Agenda Packet- Page 13 of 21
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accrued leave over a designated maximum accrual would be automatically cashed out each year for
all District employees.
3. Apply a "Haircut" to Accrued Leave Cash-Out Payments: The District could reduce the value of the
amount received for the accrued leave when the employee receives the payment.
4. Provide Cash-Out Option through a Code Section 125 Cafeteria Plan: The District could amend its
cafeteria plan to allow District employees to cash-out accrued leave through the cafeteria plan.
5. Eliminate the Option to Cash-Out Accrued Leave: The District could eliminate the option to cash-out
accrued leave.
Once the District has met and conferred with the bargaining units, staff will update the Administration
Committee accordingly.
Staff will be at the meeting to answer any questions and/or provide clarification.
Strategic Plan Tie-In
GOAL TWO: Strive to Meet Regulatory Requirements
Strategy 3- Comply with all federal, state, and local regulations related to District administration
July 9, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 14 of 21