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05/13/2008 TRUSTEES OF THE EMPLOYEES' PENSION FUND MEETING MINUTES CITY OF CLEARWATER May 13, 2008 Present: Frank Hibbard Chair Carlene Petersen Trustee John Doran Trustee George N. Cretekos Trustee Paul Gibson Trustee Also Present: William B. Horne, II City Manager Jill S. Silverboard Assistant City Manager Rod Irwin Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Chair called the meeting to order at 2:24 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 2 - Approval of Minutes 2.1 - Approve the minutes of the April 14, 2008 Pension Trustees meeting as submitted in written summation by the City Clerk. Trustee Cretekos moved to approve the minutes of the Pension Trustees meeting of April 14, 2008, as recorded and submitted in written summation by the City Clerk to each Trustee. The motion was duly seconded and carried unanimously. 3 - Pension Trustees Items 3.1 – Accept the Actuary’s Report for the Employees’ Pension Plan for the plan year beginning January 1, 2008. The January 1, 2008 actuary report for the Employees' Pension Plan indicates that a minimum City employer contribution of $10,074,978, equivalent to 12.54% of covered payroll, is required for fiscal 2009. This is a decrease from the fiscal 2008 required contribution of $12.5 million, or 15.77% of pay. The current required minimum contribution, per State Statute, of $10.1 million exceeds the minimum required contribution per the plan ordinance of 7% of payroll, or approximately $5.6 million. The decrease in the required employer contribution was primarily due to an actuarial investment return (5-year weighted average) of 10.68% versus the prior year's 5-year weighted average return of 7.87% and the expected return of 7.5%. Also contributing to the decrease was a decrease in the number of active employees participating in the plan, from 1,692 for the prior year valuation to the current level of 1,641. Pension Trustees 2008-05-13 1 The improvement in the actuarial investment return is the result of three years of investment performance that exceeded the 7.5% assumed rate - 20.08%, 9.73%, 11.80%, for calendar years 2003, 2004, and 2006, respectively; partially offset by two years of investment earnings below the assumed rate - 6.67% for calendar year 2005 and 7.29% for calendar 2007. The actuarial investment return five-year average of 10.68% was a significant improvement from the January 1, 2007 report’s average return of 7.87%, due to the “dropping off” of a negative return of (8.83)% for calendar 2002 from the five-year average, replaced by 7.29% for calendar 2007. The plan has a current "credit balance" of $14,031,276, which can be used to subsidize future City employer contributions. During fiscal 2008, the employer contribution was budgeted across City departments at 13% of covered payroll, with the balance of the 15.77% required contribution funded from the credit balance. This effectively reduced the credit balance from $15.0 million to the current $14.0 million level. Staff recommends funding the employer contribution for fiscal 2009 at the same budgeted level of 13% versus the legally required minimum requirement of 12.54%, which would increase the credit balance by an estimated $400,000. Due to a significant downturn in the investment markets during calendar 2008 to-date, in addition to the fact that a very significant 20.08% return for calendar 2003 will be dropping out of the five-year investment return average, to be replaced by the yet-to-be determined 2008 rate, a substantial decrease in the average investment return, and a resulting significant increase in the required contribution rate is a major concern for fiscal 2010. Consequently, staff recommends maintaining the 13% contribution rate for fiscal 2009. The actuary report states that ultimate long-term cost of the plan is expected to be around 20% of payroll. Donna White, PricewaterhouseCoopers said the underlying cost of the plan is 20% of payroll. The actuary report was based on four assumptions: investment returns, withdrawal tables (rate of employees leaving), salary scale, and retirement dates. She said the report also anticipates a 6% salary increase comprised of 3% cost of living increases and 3% merit increases. In response to a question, Ms. White said the normal employer defined contribution rate in the private sector is between 4% - 7%. Private sector employers also are required to make social security contributions. Trustee Gibson moved to accept the Actuary’s Report for the Employees’ Pension Plan for the plan year beginning January 1, 2008. The motion was duly seconded and carried unanimously. 3.2 – Approve a new agreement between the City of Clearwater and the law firm of Klausner & Kaufman, P.A., to serve as outside counsel to the Pension Advisory Committee and Pension Trustees and authorize the appropriate officials to execute same. The law firm of Klausner & Kaufman, PA, has acted as outside counsel to the Pension Advisory Committee and Pension Trustees since 2003 at a rate of $250 per hour. At this time, Klausner & Kaufman is asking for a rate increase to $300 per hour. The service provided by the firm since 2003 has been exceptional. The total paid to the firm for the last two years was approximately $153,000. The majority of these expenses are related to the processing of disability applications for plan participants. Pension Trustees 2008-05-13 2 City staff recommends the approval of a new agreement with Klausner & Kaufman at the rate of $300 per hour. It was remarked that as it has been five years, a salary increase is appropriate, and that real cost savings are in time management. Trustee Cretekos moved to approve a new agreement between the City of Clearwater and the law firm of Klausner & Kaufman, P.A., to serve as outside counsel to the Pension Advisory Committee and Pension Trustees and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 3.3 – Authorize staff to proceed with a search for a consultant to perform an Asset Allocation Study. At the Trustee’s meeting of August 13, 2007, the Trustees expressed an interest in having a new asset allocation study performed once the recommendations in the current asset allocation were complete. The pension plan is currently in the final stage of implementing the current asset allocation study with the averaging in of the funding for the emerging market and REIT managers. Staff will issue a RFQ to as wide an audience as possible using trade publications, trade reference information and to consultants who have expressed interest in the search. In addition to the asset classes that the plan currently uses, the following asset classes will be included in the asset allocation study to see if they will provide a benefit to the Plan. Master Limited Partnerships Long Duration Bonds Timber Non US Fixed Income Bank Loans Real Estate Private Equity 130-30 Absolute Return Hedge Funds Cash Equivalents Inflation Bonds Micro Cap Options Alpha Overlays Active Duration Fixed Infrastructure Core Equities Active Alpha Puts/Calls Cash & Investments Manager Steve Moskun said the cost for the last asset allocation study was $15,000. Staff will bring a contract to the Trustees for approval. Trustee Petersen moved to authorize staff to proceed with a search for a consultant to perform an Asset Allocation study. The motion was duly seconded and carried unanimously. 3.4 – Extend the contract for pension investment performance measurement and consulting with Callan Associates until June 1, 2009 and authorize the appropriate officials to execute same. Callan Associates was hired as a result of an RFQ (Request for Qualifications) process and was awarded a three-year contract with the Pension Plan to provide performance- Pension Trustees 2008-05-13 3 reporting services to the Plan. The contract can be renewed for additional periods of time with the consent of both parties. Staff is requesting and Callan has agreed to renew the contract at the same price and terms until June 1, 2009. Staff has been very satisfied with the services provided by Callan. Due to the fact that the investment specifics of the Plan have expanded (more investment classes, additional managers, etc.), the Pension Investment Committee is in the process of reviewing the Callan contract for any appropriate changes and in the near future will bring back a recommendation to approve a longer contract with Callan or to go out for a RFQ. Trustee Doran moved to extend the contract for pension investment performance measurement and consulting with Callan Associates until June 1, 2009 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 3.5 – Approve the granting of a regular pension to Nancy Yankus effective March 1, 2008. Nancy Yankus was hired on June 30, 1987, as a part-time employee and did not become full-time and pension eligible until November 26, 1990. Her original part-time hire date of June 30, 1987, was entered into the payroll system as her pension effective date. Ms. Yankus terminated employment on July 10, 1999. At that time the incorrect date of June 30, 1987, was erroneously used on her Application for Vested Pension Rights. Since Ms. Yankus was not eligible to participate in the Pension Plan while a part-time employee, the pension date should have been November 26, 1990. Consequently, she did not have ten years of creditable pension service upon her termination. After consulting with Klausner & Kaufman, the City's pension attorneys, they recommended that Ms. Yankus be allowed to make the required pension contribution on the salary she received as a part-time employee from June 30, 1987, through November 25, 1990. During that time she earned $35,256.71. The 8% employee contribution required at that time would have amounted to $2,850.54. Upon payment of the pension contributions, Ms. Yankus would be eligible to receive a pension based on 12 years and 10 days of service. Her base benefit would amount to $673.59. Additionally, Ms Yankus would be required to sign a waiver stating she will seek no further action against the City of Clearwater's Employees' Pension Plan. Ms. Yankus has agreed to these terms and has provided payment and the signed waiver. Upon approval of the Trustees, her benefit will be paid retroactively to March 1, 2008. Trustee Gibson moved to approve a regular pension for Nancy Yankus, effective March 1, 2008. The motion was duly seconded and carried unanimously. 3.6 – Employees listed below be accepted into membership in the City of Clearwater Employees’ Pension Plan. Pension Elig. Name, Job Class, Department/Division Date Date Salvatore Accomando, Police Officer/Police 3/3/08 3/3/08 Patrick Pongon, Field Service Rep./Customer Service 2/19/08 2/19/08 Pension Trustees 2008-05-13 4 Joseph Doiron, Electronics Technician /Engineering 3/3/08 3/3/08 Penny Johnston, Senior Payroll Technician/Finance 3/17/08 3/17/08 Michael Billian, Fleet Mechanic/Solid Waste-General Services 3/17/08 3/17/08 Trustee Petersen moved to accept the listed employees into membership in the City of Clearwater's Employees' Pension Plan. The motionwas duly seconded and carried unanimously. 3.7 – Review of the Pension investment performance for the year ended December 31, 2007. The following is the performance for the Pension Plan for the period ending December 31, 2007: Last Year Last 3 Years Total Fund 7.22% 8.54% Benchmark 6.30% 7.64% Public Funds 8.30% 9.90% These numbers show that the City has beaten its benchmark (which is based upon the allowable investments for which it had permission to invest in during these time periods), but has not beaten the midpoint of other public pension plans. This under performance compared with other public pension plans was caused by our investment restrictions. The City is in the final phases of adjusting the restrictions that staff believes were a major cause of these performance issues. Fundamental changes have occurred to the plan with the implementation of the Asset Allocation Study. The following are some of the highlights. During the last calendar year the following investment styles were added: Small Cap Growth Manager - Independence Capital Mid Cap Value Manager - Wedge Capital During the last calendar year the following new managers were added: Aletheia Research & Management - Large Cap Value HTGI Russell 1000 Value Index - Large Cap Value Since the first of this year the following investment styles were added: Emerging Markets Eaton Vance Partial Funding Emerging Markets Wellington Trust Company Partial Funding REITs Security Capital Partial Funding Active EAFE Earnest Partners Fully Funded Active EAFE Wentworth Hauser Fully Funded The averaging-in funding (for the above partial funded managers) will be completed in the near future. Once this is completed the Asset Allocation Study will have been implemented except for the High Yield portion. Given the problems with sub-prime mortgages and structured investment vehicles this implementation has been put on hold. Pension Trustees 2008-05-13 5 Discussion ensued regarding the many issues that need to be addressed regarding changing the Pension Plan. It was suggested a workshop be scheduled to do so. Concerns were raised regarding the low percentile of investment returns. Ms. Simmons reported some of the regulatory restrictions impacting performance in the past, have been removed and staff anticipates improved results in coming years. It was suggested out-sourcing be investigated to reduce future pension costs. 3.8 – James McGee, Solid Waste/General Services Department; Kathy Faye Chetoka, Gas Department; and Mary Stuart, Police Department, be granted regular pensions under Section(s) 2.393 and 2.397 of the Employees’ Pension Plan as approved by the Pension Advisory Committee. James McGee, Solid Waste Supervisor II, Solid Waste/General Services Department, was employed by the City on November 23, 1971, and his pension service credit is effective on May 23, 1972. His pension will be effective June 1, 2008. Based on an average salary of approximately $53,291 per year over the past five years, the formula for computing regular pensions, and Mr. McGee’s selection of the 100% Joint & Survivor Annuity, this pension will be approximately $51,737 annually. Kathy Faye Chetoka, Gas Program Coordinator, Gas Department, was employed by the City on July 6, 1984, and her pension service credit is effective on March 11, 1985. Her pension will be effective June 1, 2008. Based on an average salary of approximately $58,521 per year over the past five years, the formula for computing regular pensions, and Ms. Chetoka’s selection of the 100% Joint & Survivor Annuity, this pension will be approximately $36,046 annually. Mary Stuart, Police Officer, Police Department, was employed by the City on April 9, 1975, and her pension service credit is effective on that date. Her pension will be effective April 1, 2008. Based on an average salary of approximately $62,559 per year over the past five years, the formula for computing regular pensions, and Ms. Stuart’s selection of the 100% Joint & Survivor Annuity, this pension will be approximately $56,099 annually. These pensions were approved by the Pension Advisory Committee on April 10, 2008. Section 2.393 provides for normal retirement eligibility when a participant has reached age 55 and completed twenty years of credited service, has completed thirty years of credited service, or has reached age 65 and completed ten years of credited service. Section 2.393 also provides for normal retirement eligibility when a participant has completed twenty years of credited service or has reached age 55 and completed ten years of credited service in a type of employment described as “hazardous duty” and further defines service as a Police Officer as meeting the hazardous duty criteria. Mr. McGee qualifies under the 30 years of service criteria. Ms. Chetoka qualifies under the age 55 and 20 years of service criteria. Ms. Stuart qualifies under the hazardous duty criteria. Trustee Doran moved that James McGee, Solid Waste/General Services Department; Kathy Faye Chetoka, Gas Department; and Mary Stuart, Police Department, be granted regular pensions under Section(s) 2.393 and 2.397 of the Employees’ Pension Plan as approved by the Pension Advisory Committee. The motion was duly seconded and carried unanimously. Pension Trustees 2008-05-13 6 Arthur Sprague, Jr., Sales Representative, Gas Department, was employed by the City on November 18, 1996, and began participating in the Pension Plan on that date. Mr. Sprague terminated from City employment on March 18, 2008. The Employees' Pension Plan provides that should an employee cease to be an employee of the City of Clearwater or change status from full-time to part-time after completing ten or more years of creditable service (pension participation), such employee shall acquire a vested interest in the retirement benefits. Vested pension payments commence on the first of the month following the month in which the employee normally would have been eligible for retirement. Section 2.393 (p) provides for normal retirement eligibility when a participant has reached age 55 and completed twenty years of credited service, has completed 30 years of credited service, or has reached age 65 and completed ten years of credited service. Mr. Sprague would have completed at least 30 years of service on November 18, 2026. His pension will be effective December 1, 2026. This pension was approved by the Pension Advisory Committee on April 10, 2008. Trustee Petersen moved that Arthur Sprague, Jr., Gas Department, be allowed to vest his pension under Section(s) 2.397 and 2.398 of the Employees' Pension Plan as approved by the Pension Advisory Committee. The motion was duly seconded and carried unanimously. 4. - Other Business - None. 5 - Adjourn The meeting adjourned at 3:11 p.m. Attest: ~~ JJ~ - -S2 00" <<- ./ Pension Trustees 2008-05-13 ~~ ~hair Employee's Pension Plan Trustees 7