08/28/1995 - Special
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AGENDA'
DATE
8'. a8.95
F /980
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CITY COMMISSION SPECIAL MEETING
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AGENDA
Clearwater City Commission Special Meeting
Monday - August 28, 1995 - 9:00 a,m. - Chambers
1 , Call to Order
2, Rescind 8/1 7/95 action to pass
Ord, #5890-95 on First Reading
3.
Approve Rewrite of Employee
Pension Plan & pass Ord. #5890-
95 on First Reading - Amending
the provisions of Div, 3 of Art, 5
of the City's Code of Ordinances,
adopting a revised Employees'
Pension Plan, providing for a
referendum election relating to the
pension plan
') 0 rei. i'>1 a" e. J +0
q1TJ/15 pa.cK .
~O\ seco,.,c! re,qJ IYl j
4, Approve change to Commission &
Mayor salaries & pass Ord. #5915-
95 on First Reading
5, Adjournment
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CITY OF CLEARWATER
Interdepartmental Correspondence Sheet
TO:
Mayor and City Commissioners
H. Michael Laursenl Human Resources Director ~(C
COPIES: Elizabeth Deptulal City Manager; Kathy Rice, Deputy City Manager; Pam Akinl
City Attorney
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FROM:
SU BJECT: Changes In Pension Plan Proposal
DATE: August 23. 1995
On August 17, 1995, Ordinance 5890-95 (the proposed amended Employees' Pension Plan)
was presented to the City Commission for First Reading consideration. It was the view of City
staff that the Ordinance was written in a manner that appropriately addressed each of the
conceptual changes that the City and Unions had agreed to during the collective bargaining
process. That process had resulted in approval of Union contracts for the current and next two
fiscal years. During discussion of Ordinance 5890-95, several Union representatives
expressed their perspective that the Pension Plan proposal did not correctly address every
concept. They also expressed a view that the proposed Pension Plan had to be submitted to their
membership for ratification.
The Commission passed Ordinance 5890-95 on August 21, 1995; but the Commission Indicated
that the parties should attempt to resolve their differences. Subsequently, on August 21, 1995.
representatives of City unions met with City staff to determine if they could mutually concur as
to the concepts and the language to be proposed In the amended Pension Plan. That meeting was
successful and the parties did concur with a final product for an amended Pension Plan. It is the
Intent of various unions to seek ratification of the tlnal product by their membership. Speclfic
ratification votes by union membership will not occur for several weeks. To place the Pension
Plan before the voters of Clearwater at the October 24, 1995, Referendum, it Is necessary
that the amended Pension Plan, as provided by Ordinance 5890-95, be approved at this special
meeting and on Second Reading on September 7,1995.
Based on the City-Union meeting on August 21, 1995, the changes to the Ordinance as presented
to the City Commission as OrdInance 5890-95 on August 171 1995, are summarized below;
A Authority of the PensIon Advisory Committee.
The parties concurred that with three Commissioners or Commission-appointed
designees serving on the seven-person Pension Advisory Committee (PAC)I it would be
appropriate that the PAC have final approval of disability pension awards. That is
renected by the following language changes in the Plan:
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Mayor and City Commissioners
Page 2
August 23, 1995
Page 9.
Section 2,394
Plan Administration
(a) Administration of the Plan. The Trustees, In conlunction with the Committee.
shall control and manage, in eanjunotion wHh lho Committoo, the operation and
administration of the Plan as provided in this Ordinance.
Page 11.
Section 2.394
Powers and Duties of Committee
(e) (1)J..gj Investigate and determine the eligibility of Partlcip-ants for disability
pension as provided In Section 2.397. paragraph (c),
Page 12
Section 2.394
No nd [scrl ml natio n
( g ) . Nondiscrimination. The Trustees ~nd the Committee shall not take any action '*
diroct tho CammiUoCl to t:lko any aotlon whatsoever that would result in unfairly
benefiting one Participant or group of Participants at the expense of another or in
discriminating between Participants similarly situated or in the application of different
rules to substantially similar sets of facts.
Page 17,
Section 2.397
. Disability Benefit
(c) (1) (B) A Participant who is deemed by the Committee and tho Truatooc to be
disabled by reason of an injury suffered or an Illness contracted in the line of duly need
not satisfy the vesting requirement set forth in subparagraph (1) (A) above; provided,
further, that the monthly amount of the disability benefit payable to a Participant
descrIbed in this subparagrap'h (1) (B) shall not be less than 66 2/3% of such
Participant's Average Monthly Compensation.
(c) (1) (C) The provisions of this paragraph (c) shall apply to Participants who are
determined by the Committee and TrUGtoD& to be disabled on or after January 1, 1996.
(c) (2) A Participant shall be considered disabled for purposes of the Plan if, in
the opinion of the Committee and tho Tn.lctooc, the Participant Is disabled due to sickness
or Injury, such disability is likely to be continuous and permanent from a cause other
than specified In subparagraph (3} below, and such dlsabllity renders the Participant
unable to perform any useful, meaningful and necessary work for the Employer in an
available position for which the Participant Is reasonably qualified or for which the
Participant may be reasonably trained to perform, subject to the limitation below.
Page 34.
Section 2. 399 Prudent Man Rule.
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Mayor and City Commissioners
Page 3
August 23, 1995
( d ) The Committee and the Trustees of this Plan and all other persons occupying a
fiduciary position under this Plan in the administration of this Plan and in Investing and
reinvesting assets of the Pension Fund shall utilize and be governed by the prudent man
rule,
Page 35.
Section 2.399
Receipt of Information
( e ) Receipt of Information. Where any action which the Committee and/or the
Trustees are required to take or any duty or function which they are required to perform
either under the terms herein or under the general Ia.w applicable to the CommIttee
and/or the Trustees under this Plan can reasonably be taken or performed only after
receipt by tho TruetooG from a Participant, the Employer, or any other entity, of
specific information, certification, direction or instructions, the Committee and/or the
Trustees shall be free of liability in failing to take such action or perform such duty or
function until such Information, certification, direction or instruction has been received
by it.
Page 37
Section 2.400
Termination of Plan; Discontinuance of
Contributions
(b) (2) If this Plan is terminated, or If contributions to the Plan are
discontinued, the Committee and the Trustees shall continue to administer the Plan In
accordance with the provisions of the Plan,
B. Carry-over of current Pension Advisory Committee employee elected members.
Union representatives indicated that they did not see a need to hold a new election for
employee elected members on the Pension Advisory Committee. It was the consensus of
the City and the union representatives that current employee elected members of the PAC
could continue until their respective terms expired.
Page 10
Section 2.394
Pension Advisory Committee
Paragraph (4) (A) and (8)
{note: )(A) and (B) are reversed}
(4) (A) Members of the Committee last elected by Employees on the date of
adoptfon of this amended and restated Plan shall continue to serve as the Employee elected
Committee members until tho first oloonan under thle amended af\d roetatGG Plan ha&
beon hold for the remainder of their respective terms.
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Mayor and City Commissioners
Page 4
August 23, 1995
(B) Tho fimt oloGtion af CernmiltQ0 mor:nbors reprooontlng tho Emf3loyooc
chall ba held within -11; d~ys of approval of tho amondod and reDtatod Plan. Thoreaftor, n
Not less than 60 days before each oubcoquont election to be scheduled for ef. an Employee
elected Committee member, the existing Employee elected Committee members shall
select and appoint a nominee group composed of five persons from Employees
participating In the Plan to conduct the election process. The Department of the City
Clerk shall provide necessary assistance to the Employees for the administration of
elections,
C. Alternate position availability; retention of rank; and first out, first return
provision for alternately assigned police and fire members.
Certain issues that the parties had agreed to were going to be Included In a separate Memo
of Understanding between the Clty and the UnIons; however, it was determined that those
issues could instead be Included in the Plan language. Those Issues related to the City's
Indication that some specified number of positions within the Pollee and Fire
Departments would be available for alternate assignment in lJeu of disability; that sworn
and/or certified police and fire personnel who are alternately assigned in lieu of receipt
of a disability pension would still retain their rank designation, and that sworn and/or
certifled police and fire personnel alternately assigned to a non-bargaining unit position
would have right to return to a bargaining unit position o~ a first out, first return basis
as any such positions became available. Language changes in the Plan to provide for
these Issues are Hsted below:
Page 18.
Section 2.397
Paragraph (c) (2) (A)
{adding subparagraphs (v) and (vi)}
W Ttle Employer will provide not less than eight (8) positions within the Police
~rtment and not less than five (5) positions within the Fire Department that are in
the hazardous duty category as defined in Section 2.393. paragraph (p) (2). for
alternate assignment purposes in lieu of the receipt of disat>iIlty payments as provided
fOT in this section. The specific positions as provided by the Employer may vary from
time to time and need not be desi<;mated In advance by the City, If alternate positions
include ones to which assignment pay is applicable under a designated union contract. the
assignment pay will be paid,
0Lll In the event that pollee officers or flreflghters have been assigned to an alternate
position outside of their bargaining unlt In lieu of disability benefits Rursuant to
provisions of Section 2.397 hereof because all the aval1able alternate positions within
the bargaining unit were already assigned and then one of the positions within the
bargaining unit becomes available. such alternately assigned employees shall bE!
returned to the position within the bargaining unit on a first out. first return basis.
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Mayor and City Commissioners
Page 5
August 23, 1995
Page 19
Section 2,397
Paragraph' (D)
{adding retention of rank}
( 0 ) Any hazardous duty designated Plan Participant who Is assigned to an alternate
position In lieu of receiving disability benefits under the Plan pursuant to provisions of
paragraph (c) (2) (A) of Section 2.397 of this Plan shall continue to be' designated as a
hazardous duty employee regardless of the nature or location of the alternate assignment
and shall retain his/her rank as a sworn police officer or firefighter , Such Participant
shall remain eligible for retir~ment as a hazardous duty employee.
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D. Miscellaneous Change, Section 2.398 contained a reference to Article VIII,
Articles were changed to Sections in initial Plan drafts and this designation was not
changed.
Pages 27. Section 2.398
Paragraph (a) (1)
(a) (1)
Except as otherwise provided under this Artlelo VIII Section 2.398.
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ORDINANCE NO, 5915-95
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO SALARY INCREASES FOR THE
MAYOR AND COMMISSIONERS; AMENDING SECTION
2.263 CLEARWATER CODE OF ORDINANCES; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Commission salaries as established in Section 2.263 Clearwater
. Code of Ordinances have not been increased since 19aO; and
WHEREAS, the City Commission salaries are currently $12,000 for the Mayor and
$10,000 for the Commission; and
WHEREAS, Section 2,04 of the City Charter provides that an ordinance must be
passed approving salary increases at least six months prior to an election; now,
therefore;
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER. FLORIDA:
Section 1. That Section 2,263 (1) Clearwater Code of Ordinances be amended
to read as follows:- .
Sec. 2.263.
Compensation and expenses of mayor-commissioner and
commissioners
(1) The mayor-commissioner shall receive an annual salary of .$1 B.OOO.OO
$12,000,00 payable at the rate of $1.500.00 $11000.00 per month for his services. Each
city commissioner shall receive an annual salary of $15.000.00 $10,000.00 .
payable at the rate of $1.250.00 $833.33 per month for their services,
Section 2. This ordinance shall take effect on April 4, 1996,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
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Rita Garvey. Mayor-Commissioner
Approved as to form
and legal sufficiency:
pa~~ ~. tin. City Attorney
Attest:
Cynthia E. Goudeau1 City Clerk
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Clearwater Reflections
Special Edition
MESSAGE TO ALL CITY EMPLOYEES- August 16, 1995
PROPOSED PENSION PLAN CONCEPT: One of the items included in the proposed pension plan is the concept of
"early retirement." The purpose of this Special Reflections is to clarify the process of early retirement and pension
benefits.
The concept of providing an early retirement provision in the proposed plan stems from a desire to correct an inequity
perceived to exist in the current plan. The current plan provides that an employee with ten or more years of pension
service credit may separate from the City's employ, leave hislher pension contributions in the plan, and begin to receive
a pension on what would have been hisfher normal retirement dale had he/she remained a City employee. For example,
an employee might begin hislher City employment and pension plan panicipation at age 35, work ten years, leave the
City and subsequendy begin to coHeet a pension ten years later at age 55 (20 years of service at age 5S is a normal
retirement date).
Although the process for employees hired at an older age under the current plan is the same as no led above, the ability
to collect the pension becomes less likely to occur. For example, an employee hired at age 60 could work ten years and
then separate from employment and begin co1\ecting a pension at age 80.
The early retirement concept in the proposed pension plan provides that. an employee may begin to receive a pension
based on the completion of ten years of service and attainment of age 65 (without waiting for any additional number of
years) with such benefit amount actuarially reduced.
Example: Under the plan (using 2.75% as the benefit multiplier in the benefit computation formula), if an employee
comes to work for the City at age 60 and terminates at age 70 (with ten years of service), the benefit would be calculated
as follows: .
Assume Average Earnings:
Years of Service
$30,000
10
$30,000 x 2.75% x 10 = S8,250
S8 ,250 ~ 12 = $687.50
Annual Benefit:
Monthly Benefit:
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This employee could begin receiving $687.50 per month beginning at age 80 (ten years from separation). Under the
proposed early retirement provision, the employee could sti1l elect to receive the $687.50 per month beginning at age 80,
Alternatively, however, the employee could elect to receive 5208.45 per month immediately. This benefit is determined
as shown below:
$687.50 x 30.32% == 5208.45
The early retirement factor shown above (30,32 %) is aClUariul\y determined based on the employee's currenl age and the : I
number of years that he/she is receiving the benefit early. The acruarially equivalent percentage would vary year by year
from age 70 to age 80 consistent with the age of the employee at termination and the number of years he/she would
receive the benefil early.
(Note: Actuarial number in the ahove example was provided hy
Stephen M. Mell, Principal, Coopers & Lyhrand.)
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Wages
Pension City Total
Contribution Contribution Contribution
16,703 16.703 33.406 6 year totals
3,462 3,029 61491
3,566 3,120 6,686
3,673 3,214 6,887
3,783 3,310 7,093
31,187 29 .376 60,563 10 year totals
44,612
12,268
3,720
(4,239)
(520)
42,015
43,275
44,573
45,910
47,287
5 year average wage
27.5% (10x2,75%)
30,32% (reduced benefit)
7% Earnings ($60,563) ..
Excess earnings
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Assumptions:
· 3% yearly increase
-. 10 Year Interest Earnings not included
Each year the plan could pay the benefit from Interest earnings and have $520 left.
At death, the plan would still have the contributions of both the City and the Employee.
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27-Aug-95 PB
NOTE 1.3 . Funding of COn.l\LilutioruU Officers
BUd2cU for &nIIu.aJ operuiol; e~pc:Dditurt:S of thc Cler\::
of the Circuil Court, Sbenff and Supervi~r of Elec-
tions IU'e tnmsfel'Ttld lO the n:speclive offices from !he
Gc:.lIera.1 Fund of the Boa.rd. The Tn Colleclor chugcs
commissioD fees for ~n'iccs rcndered \0 the Baud
ba..~ 00 lUes colleGled for the \'lI.nous funds. The
Property Appnair.er's fees from the Bornd arc based an
the ratio of CoUll I)' Lues to IO~ Lues of Il.!l L:u units
throughouL the CoWlry in the prior fiscaJ ye.u, u.cb
Coo.~litulionlll Officer is required 10 pay inlo the
Boud's General Fund 11.11 Tl'Vl:nUe.s in cXce..~ of upend-
itures (exce.~ fees) within 31 dB)'s aner fiscal ye.a.r end,
The folJo\l,iDt ~blc sbows the lransfers to the ConslilU'
tionll.l Officcrs and eXCess fees pllid by them for the
year ended September :30, 1994:
Tr.msfer To E "cess F teS
Clerk of Circuit Court 525,639,890 51.635,b05
Property Appraiser 6,586,573 243,6i7
Sheri ff 95,766.035 1,366,612
Supervi~r of Eleclions 2,776,220 332.023
Tax ColleclOr 9.452,297 6,630.375
NOTE )4 - Retiremenl Plan
SubSlaDtidly all full time employees are panicipanlS in
the florida Retireme.ol System (the System), a defined
betJefit, cosl-sharing mulLiple~mploycr public rtlire-
m~l sy!;lem. which is conlrolled by Lbe StaLe L:gish.-
t"UR and a.d.miniSlen:d. by the Salt Division of Retire-
ment. Employees are nOI obligaLed to conLribule to the
syslem. The plan covers approximately 546.000 full-
timc employees of various governmenLal units wi1hin
the Slate.
The System provides for v!;Sling of benefiLS aner 10
yca.rs of cn:ditt:d service. l'ofIIlal relirement benefits
tI.1e available 10 employt:eS wbo relire at or aner age 62
....ith 10 or more years.of service. Early reliremenl is
il
.v~lable Ifter 10 yean; of serviCl. with II 5 ~ reduction
of bcnefilS for ea.c:h year prior lo Lbe DOflIULl retin:.menl
Jo.re. BcnefilS lU"C ha."-Od upon kge, yean;-of~ice
credit '&nd lI\1el'1l.Fe co mpenSlltioo, which is compuLed
using the individwJ's five bightSl )'e.IU'ly elU"Oincs.
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Emplo)'er contributions Irc based upon TOlles e.~Lablisbed
by the SlJIle. These rates are .lIpplitd 10 employee w-
li.n.:s as follows: n:gula.r cmployteS 17.75%, sJ>&ii.l
risk employees 27.62 %, e1t:CLed ofociiJs 26.32 %, and
r-enior lDJUlllgement 21.03 %, Total payroll for the
Counl)' employc:cs covered by 1he S)'Slem WllS approxi-
mate))' S 154 million for the year ended SepLCmber 30,
1994. The COWlI)"S 101Al pll)'roll WIi.S approxitD.IIlely
SlS5 millioD fOf the same period,
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The County's ponioD of the acruaria.l1y delermined
. contribulion requirement for the pJIUl WliS S32 millioo.
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The County's actual contributioD 10 the phm for tbe
year ended Seplember 30. 1994 was lIppro:dmalel)' $.32
million and was paid b)' tbe due dale for the conlri-
b~.lIion. This represents 21 % of the CountY's covered
payroll. .' f"] ,!.o_~ S 5
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COUllI)' contribuLions for 1he fiscal yur ended
St:ptember 30. 1994 repn:sented approxiDUllely 1.~ % of
IOU;.} conlribulions 10 the Florida Retirement Syslem.
The 5)'Slem publisbes IUl unlludiled annu.al report that
prOvides len-year his10rical Ln:od informalion llbout
progress nu.de in accumuhuins s\.lfficienl asseu. \0 pay
benefilS when due. The mOSI Tecent llvailable report is
for 1he plan year ended June 3D, 1994.
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The estimated pension benefits obligllLion for the 5)'s.
!.em lI.S a wbole delermined throuCh a.o :acrumllJ v;Ju.a.
lion was approllma.le1y S~.4 billion al June 3D, 1994,
the mOSL recenL :acro:aria} report, The report also rl':-
ntCts nctassclS aVllilable for benefilS of approximalely
~:;3.1 billion and an unfunded acruariaJ accrued liability
of S 11.3 billion, The pension benefit oblication is a
sUl::Iwdi7.t:d me.llsim: of the present value of plan bene-
fiLS, adjusLed for the effects of projec1ed salar)' in-
creases and step-rate benefits estim.aled LO be payable in
the: future as II result of employee service to dale, The
me25Ut"C is inLended to help users 2.Ssess the 5yslem's
funding sutuS on a going concern b:tsis, assess progress
%WIde in accumulatin~ sufficienl asselS to pay benefits
when due and make comparisons among retirement sys-
lems and among emplo)'trs.
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Papa 1 of 3
CITY OF Cl.E.).RYO.. TER, FlORIDA
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DEFlNED BENEFIT PENSION PLANS
REOUIRED SUPPlEME....'T ARY INFORMATION
E&.IP1..0YEES' P€HSI04-l F\JND
....,."..1y.J~ of FL>n~~ Ptog-t.&:
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^...~j:..b:w f.o.flO'frt
Fa s."...ns Qo:,,,. jiO'"l
.knuary \.'~ l ~.7~.v..o So bE..~7~ ,t'C6
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.lUlL......,.. 1 . 1 ~ l1e,~.1~ , 17 .2~.b03
AnUoL')' 1. ,~\ '::I:1,O'O,~ 1 x:.e.."\P,i1'
-knu.ry 1 . 15lQ2 ,~.~,~, ,..., .1e.:!..1 06
J&nu.,ry 1. 1 PQ.3 1~..'{.~ 1Si.~.5.21
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(U,lun60-d) F-.o n";O'"I 0. flO' t1
F-o-ntJOo"I Mnu.&.l Do:ipuiO'"l .. ..
F-.OPn\6~ fo-. ,.... frt c.c,...... .. d ho< coo nbo PfJ ol
Funo+d Qo:ip.li 0'"1 F-. Y' 011 eo.......e F-.Y'oIl
'CQ.~ % s s:n~.~ $. ~7 .'1bS.PHl Xl.TIll ,;,
,ro,~ :0(::2 ,3605 ~.'';;7.t:-40 1,?02
"s.o;;,~~ (o7';;,bO'l) ::s:2.~ .'"-57 (:U.7 P)
101,5"15 2 ,4::'\O.ll33 ~ ,5.3:2.n3 ".o...~
,CQ.,~ .. ~46.2~ ~ . tlX>.:!l32. '~.?M
100.~ 10.7bO,f..C.6 =..c.7~1 ,030 c7,~
"O.2S2 "'~',1"'2 ~.7'O.~74 "'5.313
Fo....nu.1 b)' Sour~ ..nd Expoon.... by iyp4l:
N-.....n~f b.' SOVICle
F.foC&! Emolcw..~ CoO'u'ibUtiO"\L
y 6.&.' En tit; d 0,;. It. eo....... d EmP:OYH I:wtl~n\ 10'...1
P - :loO Nno..Jnt Ploy; 011 COo"I ~ ibutiO"1 ~ Inc pI'T>f f>t,.... nUoi Ii
1 PaS $. ,,?.(j ,2&3 ~'.C!~ % S ',.E>7r:,IoSE. S E." \,;01.0 $. ,(j.~i .~,
, ptlo6 2.~' ,r>a2 s:.~, , ::;: .C\46.67':; P.I'f,E.~~ ''''.:-~.P'O
lP61 :Z.t~~.7:-6 'O.~ i:,,'!:.~7 ~::,71f,~ 'l:,7"'i,~ii
1~ 2.p~e.7€-< ~.~3 <:.L60.t17 f.272 ,OilS ".fo.to~,6P5
1~ 3.00',~6 t\) ~.~1 ::;:.~,~~ ~.Sn,5i4 ,&.~,1,.25i
, p;(l 3.~,7~ (2) 1 O.~75 4:.bO'\+~ ".~,7~ U:.336 .005
1~\ ~.~t'i2'O 10,723 Z,~,POr;I ''''.610....:3 21.~,~
,m ::.~.2:.2 ~.,~ ::,157,~ lc.01E,76P 2I,,7~.!>6:l
,~ ~.3Z2,~ E.C3' ~.~,~\ ,~.:;.u.6?oS 25,iTI,P14
,~ ::;:.!X'.::.~ (:,655 ' L,~.~ ',7,370.375 ~.6.5.2.~
E.:otonloC'~ b.' Tv~
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