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F -d..f i; ?i5e '1? .r y. • ,. r s .?' 1' ? t? { .. a .! . S , +{' .? f ACTION AGENDA ' Board of Trustees of the Employees' Pension Fund December 1996 1: Call'to order 1. 1:10 P.M. 2. Approval of Minutes - 1114196 .2. Approved as submitted.. . Request for acceptance 3. Approved, into membership: ' a) John Schodtler b) Yvonne Reyniers c) Jams E. McBride d) Dave Shenk " ' e) Michael Duff f) ,Larry .K. Jacoby g) Rodger Gaston h) Dan Dede i) Mark Murray' j) Claudette Pascoe . . k)' Jack DeShazo " 1) Deborah Jensen m) Patrick Davis ' ., n) Rory A: Brodii o) Rose Castilla p) Travis Booker q) Cameron-Hill z . r) Jeanette Terry s) Mahshid ArasteFi t) David Dalton ' u) Lynette Counts 4. Ratify $6,040 expenditure paid 4. Ratified & Approved. from 8195 through present and approve additional $3,900 for . Coopers & Lybrand to assist City with administration of Employees' Pension Plan until effective date of an Administration Services +. contract. 5. Approve hiring Coopers & Lybrand '5. Approved. to act as City's Third Party Administrator for Pension Services at an est. $29,000; approve est. $1,000 for related internal printing costs 6. Other Business: 6. None. . 7. Adjournment: 7. 1:23 p.m. Meeting Date: Approved b y Trustees CITY OF CLEARWATER' EMPLOYEES' PENSION PLAN PENSION ADVISORY COMMITTEE TO: Pension Trustees . FROM: Pension Advisory Committee SUBJECT: Recommendation for Acceptance into Pension Plan DATE: November 14, 1996 As Trustees of the City of Clearwater Employees' Pension Fund, you are hereby notified that the employee(s) listed below have been duly examined by-a local physician and each has been designated as a " first class risk". These employees are eligible for pension membership as noted in the Pension Eligibility Date column below, and it is the recommendation of the Pension Advisory Committee that they be accepted into membership. Pension Elfg. N m . ( D . Div. Hire Date Pat& John Schadtler, Customer Ser. Rep./Cent. Per. 10/28/96 10/28/96 Yvonne Reyniers, Staff Asst. II/Gen. Ser. 1114/96 1114/96 James E. McBride, Police Recruit II/Police 9/30/96 9/30/96 Dave Shenk, Police Recruit 11/Police 9130196 9/30/96 Michael Duff, Mechanic II/General Services 9/30/96 9/30196 Larry K. Jacoby, Police Recruit II/Police 9130/96 9130/96 Rodger Gaston, Police Recruit II/Police 9/30/96 9130/96 Dan Dede, Police Recruit II/Police 9/30/96 9/30/96 Mark Murray, Police Recruit II/Police 9130196 9/30/96 Claudette Pascoe, Staff Asst. [I/General Ser. 9130/96 9130/96 Jack DeShazo, Maint. Worker I/Solid Waste 9116196 9116/96 Deborah Jensen, Equip. Oper. I/Parks & Rec. 10/14/96 10/14/96 Patrick Davis, Equip, Oper. I/Parks & Rec. 10/14/96 10/14/96 Rory A. Brodil, Maint. Worker II/Parks & Rec. 10/14/96 10/14/96 Rose Castilla, Maint. Worker II/Parks & Rec. 10/14/96 10/14/96 Travis Booker, Custodial Worker/Library 10/17/96 10/17/96 Cameron Hill, Firefighter/Fire 10/14/96 10/14/96 Jeanette Terry, Staff Asst. II/Econ. Dev. 9/16/96 9116/96 Mahshid Arasteh, Engineer III/Engineering 9/30/96 9/30/96 David Dalton, Police Recruit II/Police 9/30196 9130/96 Lynette Counts, Police Recruit II/Police 3118196 9/30196 ` employee transferred from part-time to full-time 9/30/96. ` Pension Advisory Comm6fee Chair Trustees of the Employees' Pension Fund kgenda Cover Memorandum. Item #: Meeting Date: SUBJECT: Coopers & Lybrand Assistance with Employees' Pension Plan Administration RECOMMENDATION/MOTION: Ratify the expenditure of $6,040 paid from August 95 through present and approve additional expenditures of up to $3,900 for Coopers & Lybrand to assist the City with administration of the Employees' Pension Plan until the effective date of an Administration Services contract, ® and that the appropriate officials be authorized to execute same. BACKGROUND: • The changes to the Employees' Pension Plan that went into effect 111196 changed the plan to an IRS qualified plan which can be quite complicated to administer. Staff determined that the service of a Third Party Administrator was required. * An RFP was issued to bring an administrator on board by 1!1196, however, the bids received were not determined-to be adequate and staff decided to administer the plan until a new RFP could be Issued and an administrator hired. Coopers and Lybrand is the actuary for the Employees' Pension Plan and has been providing additional consultant work related to the negotiations and implementation of pension plan changes. The fees for this work were approved by the Trustees. * Unfortunately, the administration of the plan required expertise from a consultant and Coopers and Lybrand was asked to perform some tasks related to calculations of retirement options, buy-back calculations, withholding and tax reporting requirements, early retirement issues, etc. • Staff now believes that the administration work performed by Coopers and Lybrand is outside the scope of the previous Trustee approval, and additional Trustee approval must be received. • Payments have already been made to Coopers and Lybrand in the amount of $6,040 and an invoice is awaiting payment totaling $1,390 for work performed through October 15, 1996. • Additional invoices can be anticipated for an amount not to exceed $2,510 until a contract for administrator goes into effect. See 'Pension Administration Services for Employees' Pension Plan" agenda item. • Funding Is available in the Employee's Pension Fund. Reviewed by: Originating Department: Costs: 49,940 Commission Actlen: Legal NIA Finance 0 Approved Budget "T"A . -.rvrr?' Total 0 Approved W/Conditions Purchasing NJA User Department: 43.900 0 Denied Risk higrnt. NIA Current Fiscal Year ? Continued to: is NIA Funding Source: ACM ? capital lmprovamant: Other Advertised: 13 Operating: Date: X Employees' Attachments: other: Pension Fund r Paper: Submitted b: CI Not Required Appropriation Code 7 Affected Parties: 646.07410.530100.505-000 ? Notified R d ? N i 10 None City Mana ar equ ot re 10 Printed an recycled paper 1 I i 1r Cleamter City Trustees Agenda Cover Memorandtint Item #: Meeting Date: SUBJECT: Pension Administration Services for Employees' Pension Plan RECOMMENDATION/MOTION: Approve the hiring of Coopers & Lybrand L.L.P., a professional services firm, to act as the City's Third Party Administrator for Pension Services at an estimated cost of $29,000, and approve an estimated -'amount of $1,000 for related internal printing costs, d and that the appropriate officials be authorized to execute same. BACKGROUND: - • Effective 111/96 the Employees' Pension Plan was changed to a qualified pension plan. The plan was also changed to allow retiring employees to choose one of six optional manners of receiving pension payments and to designate their beneficiaries. Due to these modifications and the on-going changes in federal law regarding pensions and taxes, staff is requesting the services of Coopers and Lybrand L.L.P. be approved to provide options-counseling for retiring pension plan participants and to provide pension/tax law advice for City staff. • In August, 1996 the City released an RFP for Third Party Pension Administrative Services. Only two responses were received, Coopers & Lybrand L.L. P. and Gabriel, Roeder, Smith and Company. While both companies were qualified candidates, the selecting committee chose Coopers & Lybrand. Since this is the first time the City will have used a TPA to provide pension services, the contract is only for one year. Subsequent to the first year's experience, the City may choose to reevaluate its TPA requirements. • Coopers & Lybrand L.L.P. proposes to do the following: • Develop a customized pre-retirement planning workbook for a one-time cost of $5,000. Prepare a Summary Plan Description (SPD) for a one-time cost of $2,000. • Provide individual pension plan benefit statements for an annual cost of $1,000. • Calculate pension benefit estimates for $150 per estimate (for eligible employees). • Conduct pre-retirement seminars at a cost of $240 per hour. • Provide options counseling for up to t hour per retiring employee at $100 per hour. • Calculate actual pension benefit amount for $150 per calculation. • Provide pension and related tax law advice to City Staff at the rate of $240 per hour. Reviewed by: Originating Department: Costs: $30,000 Est. Trustee Action: Legal City Manager NIA 13 Approved Budget Total ? Approved wlConditions Purchasing User Department: $30,400 Est. ? Denied Risk Mgmt. Current Fiscal Year ? Continued to: Is NIA Funding Source: ACM ? Capital Improvement: Other Lyy_U Advertised: yes ? Operating: Dale: 0116,23,30196 916,13196 tRi Other; Pension Attachments: Paper, yes Agreement Submitted by: ? Not Required Appropriation Code Affected Parties: 646-07410.530100-505-000 ® Notified ? None City Alanager 0 Not Required 0 Printed on recycled paper l'a t 'k '!x `iirr k ixt 11. 7 l?E' :1 sly I'?t. <{1.'.: l" rl ?e.te: i',?i? .1. '3':,.t ;x.1.1 ?(}.1., 5'9 ?f' `! •L' .r be..".e?y' '.`ts-?...'?Mk,..?v?t.rt,j;?: a, .1,.. ,,- r ,T.•: t 'F;. .5, ..asl,a4l ?•e{E.?.jl.•Ys`T`l': f BACKGROUND (Continued): ; •, , The total estimated cost for.the first year would be approximately $30,0001 •. $7,000 for workbooks and SPD - a ore-time cost. n • $1,000 for,individual statements. • $4,000 for seminars - estimated at 4 seminars, approximately 4 hours each. • $14,000 for employee calculations and counseling - estimated at 35 employees retiring employees (35 x-as,much as $400),($400 - $1501estimate + $150/final calculation + $100 for 1 hour's counseling). ` ''. • • $•3,000'for staff advice - estimated at 12,5 hours @ $2401hour. ' • $1,000 for, printing documents - costs incurred by City not payable to Coopers. Funding is'.available in the Pension Fund for these costs,' CONSULTANT SERVICES AGREEMENT THIS AGREEMENT made this day of , 1996, by and between the CITY OF CLEARWATER, FLORIDA ("City"), P. O. Box 4748, Clearwater, Florida 34616, and COOPERS & LYBRAND, L.L.P. ("Consultant"), a limited liability association authorized to do business in the State of Florida; WHEREAS, City Issued Request for Proposal No. 150-96 for outsourcing pension administration services; WHEREAS, City selected Consultant to provide pension administration services according to Consultant's Response to Request for Proposal 150-96; NOW, THEREFORE, the City and Consultant do hereby agree to Incorporate all terms and conditions of the above-referenced Request for Proposal and Response and, furthermore, mutually agree as follows: 1. Scope o Services. Consultant agrees to provide pension administration services as described in the Letter of Engagement attached as Exhibit A. 2. Term. Consultant agrees to provide pension administration services for the term beginning on January- 1, 1997, and terminating on December 31, 2001, subject to annual budgetary appropriations by City. 3. Fee Payment. City agrees to pay Consultant no more than $65,000 annually for all fees and reimbursable costs described in Exhibit A. All fees and reimbursable costs payable to Consultant are subject to review and approval by the city project coordinator. Payments are govemed by the Florida Prompt Payment Act, Florida Statute 218.70 et al. 4. Exr&IIs!u1j. City Project Coordinator, at his discretion shall authorize and approve all payments for reasonable out-of-pocket expenses incurred by Consultant. Consultant shall not request reimbursement for expenses for travel, time or transportation fees between Consultant's main office and City's main office. 5. xes. Consultant agrees to pay all taxes arising out of or levied or imposed by reason of the transaction contemplated hereby. 6. Reps. Consultant agrees to provide City reports on all services upon request by the City. 7. }d(Uanly. Consultant warrants that the services shall be performed in a workmanlike manner in accordance with the specifications and description of such services as set forth in Exhibit A and the Request for Proposal and Response. Consultant agrees to respond promptly and to use all reasonable efforts to remedy any defect which is identified by City during the term of this Agreement. 8. Prglect . City shall designate a Project Coordinator to represent the City on all matters relating to this Agreement. Consultant agrees that Mr. Steven Metz or Ms. Kate Mompower small be the Project Coordinators for Consultant throughout the term of this Agreement. If either Mr. Metz or Ms. Mumpower leave or are otherwise no longer employed by Consultant then the City reserves the right to terminate this Agreement upon 30 days written notice to Consultant. 9. lerMin,'3flan. Either party may terminate this contract by giving the other party 30 days written notice of Its election .to do so and by specifying the effective date of such termination. Upon termination, Consultant agrees to submit a final bill for payment and to return all proprietary materials in its possession to the City. 10. Confidentiality. Consultant agrees that its officers, employees and shareholders have no interest and shall not acquire any Interest, direct or indirect, which would conflict in any manner with the performance of the services required to be performed under this Agreement. 11. Independent._Qontractor. Consultant's personnel in performance of this Agreement are acting as independent contractors and are not employees or agents of the City. 12. 1nauran . Consultant shall secure and maintain: 1) Workers' Compensation and Insurance in compliance with all applicable federal and state laws and regulations; 2) Comprehensive General Liability Insurance with minimum limits of $1,000,000; and 3) Professional Liability Insurance with minimum limits of $1,000,000. Certificates evidencing such insurance shall be submitted to the City on an annual basis. Failure to provide such certificates shall be cause for termination. 13. Indemnification,. Consultant agrees to protect, defend, Indemnify and hold the City and its officers, employees and agents harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character for bodily injury, death to persons or damage to physical property. to the extent directly and proximately resulting from any negligent act or omission of Consultant or its employees in connection with this Agreement and the performance hereof. 14. omeys_ Fees. In the event that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that each party shall bear its own attorneys fees and costs and that jurisdiction for such action shall be in a court of competent jurisdiction in Pinellas County, Florida. 15. Eafte . This Agreement evidences the complete understanding and agreement of the parties, and any modification shall be in writing subscribed to by both parties. 16. Assignment. Neither party may assign, without the prior written consent of the other its rights, duties or obligations under this Agreement in whole or in part. 17. No Waiver. The waiver or failure of either party to exercise any right in respect provided for herein shall not be deemed a waiver of any further right hereunder. 18. Notice. Any notice provided pursuant to this Agreement is specified to be in writing, shall be in writing and shall be deemed given if 1) by hand delivery upon receipt thereof, and 2) if mailed three days after deposit in the U.S. Mail, postage prepaid certified mail return receipt requested. All notices shall be addressed to the parties at their respective addresses indicated herein. 2 Countersigned: CITY OF CLEARWATER, FLORIDA M, r Rita Garvey Maycr-Cominissloner Approved as to form and legal sufficiency: John Carassas Assistant City Attorney By: Elizabeth M. Deptula City Manager Attest: Cynthia E. Goudeau City Clerk COOPERS & LYBRAND L.L.P. s.Vnewcome\=pers.con By: .. Its 3 litaphon• (819) 229.4221 &ruimds (813J ?2800;fg Ms. Deborah Bailey Payroll Services Manager City of Clearwater 100 S. Myrtle Ave. Clearwater, lr'L 34618-4748 Dear Debbie: This scope of services agreement between the City of Clearwater and Coopers and Lybrand L.L.P. sets forth the nature of the services we will provide; the City's required involvement and assistance in support cat' our services; the relitted fee arrangements; and any other temss and conditions designed to assure: that our professional services are performed to your satisfaction. The purpose of our cngage:ment will be to prepare a customized pre;-retirement planning workbook; produce annual pension stuternents; perform benefit calculations and prepare letters and forms to communicate results to the employee; conduct quarterly on-site pre-retirement scminars/workshops for employees of the City; provide telephone pension advice: and counseling services; and prepare a summary plan description tot the pension plan. EMPLOYEE PRE-RETIREMENT PLANNING WORKBOOK This workbook will be customized to meet the City's specifirutions, It can include an overview of the City's plans, distribution options and tax issues, investment planning, etc. 'Our agreed-upon fees for this project are $5,000, based on the following content and workplan: • We will provide the workbook to the City in camera-ready formut. • The workbook is not intended to cover every issue an employee might need or wish to consider before retirement, nor is it intended to provide tax advice or personal linanc:ial planning. It is intended to help employees identify issues that they might not have considered otherwise, and to assist them in gathering information and seeking professional guidance. The workbook will advise employees that they should seek tax advice and/or professimml financial planning Assistunce. • The workbook will include: the fallowing sections: A worksheet identifying personal expenses and sources of income, r4MH, A, I vI)mod I I (', ? d mcir" (>t CO)e)P ; f, i,ytu Ind InlCrnal4nal, 1 1,rn-trd 6ahi'av mwrinlon inrtvpotmon in S il?erlanrl Z0•d 600'oN 6S:S1 96.ZZ AON 6£90--8ZZ-918:0I QN880),-l $ SNOOD L w. Ms. Deborah Bailey November 22, 1996 Pagc Two. A list of redretncrtt issues employees need to be sure they have considered (such as inflation, health and life insurance, college tuition, etc.), • Brien' descriptions of Social Security, Medicare, the pension plan, the 457 plan, the supplemental plants (1751185), the 1% life insurance plan, disability benefits (pension and other). • . We will prepare a draft of the workbook for review with City personnel, and will attend a meeting to discuss any revisions or enhancements desired. We will then prepare a second draft for review and approval before the final copy is produced. As we discussed, we intend to keep die workbook as brief as possible to avoid giving employees a document NO large that it overwhelms them. 'T'here will have to be Trade-offs made between the level of detail that could be provided and the desire to keep the workbook from becoming too large. • The City will handle the printing, duplication and distribution of the workbook. We expect to deliver the final version of the workbook to tic City by January 31, 1997, as long as the contract for these services is finalized by November 30. • We will review the workbook every year through 2001 and will notify the City by January 1 each year as to whether it needs to be revised due to material changes in law, the pension plan, Social Security, or any other reason. If we believe that the information contained in the workbook is materially incorrect due to any changes we will provide, an updated version by January 31 each year. Our fees for this review and any update will be $200 per year. BENEFIT STATEMENTS Individual pension plan benefit statements enhance the visibility of the pension program to cacti plan. participant. All the information that a participant is entitled to request under ER15A is generally developed. In addition to the required information, the statements present other useful benefit information and a description of some of the major plan provisions. Such information can include: projected plan benefit, employee contributions, accrued plan benefits, date of 100%. vesting etc. '1'lic fees for preparing these benefit statements arc $1,000 annually. We should be able to provide the statements within three to four weeks after the employee data has been reconciled each year, based on the past several years, they should be available .around April 1. The statements will be delivered to the City for distribution to employees. £0'd 600'oN 00:91 96,ZZ AON 6£90-8ZZ-£Y8:GI QNHJgAl '8 S83d003 Ms. Deborah Bailey November 22, 1996 Page Three, BENEFIT CA+r.CULA?70NS' Benefit calculations will be performed tender the pension plan upon the retirement, death, disability or vested termination of-cmployment of a plan participant. As part of our calculations we will determine the Section 415 limit.-, if we arc provided the necessetry information at the time of the calculation. In addition, we can print the administrative forms that must be completed when an employee terminates and is notified of pension benefits. Our fees will be $150 per calculation. Tt'is our understanding that the City tvill provide the information for employees on workers' compensation to us on a monthly basis, we will determine any adjustments needed in the participants' benefits and communicate the results to the City. Our fees will be $500 per year for this service. Employees within one year of retirement must Submit a Benefit Estimate Request Farm to C:oopcrs & Lybrand to get his,%er initial pension estimate. QUARTERLY PRE-RF.URE'NENT SEMINARS These sessions would be targeted to employees approaching retirement and would be presented in a workshop format to groups often to twenty employees (or more at the City's option), These workshops would be designed to assist the employees in identifying their retirement goals and objectives and the actions required to achieve them. The seminars can be used to educate etnployccs on investment strategy, plan options and the retirement plunning process. Our fees fear the semi nurslworkshops will be $$0 to $240 per hour for the time involved in the sessions, depending on the staff level desired by the City. Quarterly Pre-Retirement seminars/workshops will be scheduled at the City's option. In the event that the City clects not to scheduler a quarterly meeting charges will not be accessed. TELEP901VE PENSNINADVICEAND COUNSELINGSERVICES An employce within one year of retirement may request a benefit estimate by submitting a Benefit Estimate Request Farm to Coopers & Lybrand. In addition, the employee may receive telephone options counseling or other retirement counseling not to exceed one hour of billable time. Our fees for this service will be $150 per calculation estimate and $20 - $25 per quarter hour for telephone consulting (again, depending on the staff level desired by the City). We can be available for one-on-one counseling with retiring employees for $100 per hour for the: time involved in (lie session. The City must authorize the session, specify any time restrictions and provide a meeting place before the -,elision can occur. 110* d 600.* .ON 1:0:9I 96, ZZ AON 6290-8ZZ-218:0I (INt:i80AI 'a S;11:1003 Ms. Deborah Bailey November 22,'1996 Page Four SUMMARY PIA IV DESCRIPTION We will prepare at Summary Plan Description (SPD) for the pension plan for $2,000. We will prepare a drall ror rcview by the City and will attend a meeting to discuss any revisions- or enhancements desired. We will then provide a final draft for review before providing the final product in camera-ready format. • Since the City is not subject to the Department of Labors requirements to distribute: SPDti, we recommend that the City use an SPD that is less technical and more user-i`riendly than those used by private sector employers. Unless we are directed to do otherwise before this letter is signed, we will use this approach., • We, will review the SPD every year through 2001 and will notify the City by January I each year as to whether any modifications are necessary due to pension law changes, pension plan changes, Social Security, ctc. If we believe the information contained in the SPD is materially incorrect due to any changes we will provide an updated version by January 31 each year. We will providc the SPD to the City in camera-ready format, • The City will handle the printing, duplication and distribution of the SPD. We expect to deliver the finul version of the SPD to the City by March 31, 1997. YEAR-END PLANNING AND COAIPLIANC.E ISSUES There is no required reporting under F.RISA, the Department of Labor.or the Internal Revenue Service for the City's plan at this time. If the law changes, we can provide a fee estimate depending on the rcquircments.. As part of our standard service to till clients, the City is included on our mailing list of changes and developments affecting its benefit plans. Should there be a change in the City's reporting requirements we would notify it through information releases and direct contuct via teleplionc or letter, Prior to each year-cad we will discuss the issues which require action by the City by the end of the year and issues that will require; uc:tiun in the upcoming year. We will address update, on regulatory changes and providc ndvica and guidwmcc on the taxation of distributions (i.c., employee contributions), 1099-R preparation, rollovers and withholding rules, etc. Our 1ce:s will range from $80-$240 per hour. SO'd 600'oN TO:91 96.ZZ AON ' 0 0NUHA7 2 Sd3d000 ?ft 5 Ms.' Deborah Bailey November 22, 1996 Page Five PROFEVRONAL FEES Our fee quotes, and hourly rates for benefit statements, benefit calculations, seminur:s, telephone advice and counseling services arc guaranteed for the 'first, two years (1997 and 1998). Subsequent years' teeti or hourly rates will not increase more than- 3% per year through the fifth year, 2001. We will advise the City in writing prior to the beginning of each year if there will be ' tiny increase in the fees or hourly rates. It is our understanding the City prefers Kate Mumpower its the primary cont,ac:t for the City's employees. The City reserves the right to terminate the contract for these services immediately if Steve Metz or Kate Mumpower leave Coopers & F.ybrand. We will bill you periodically for services rendered and out-of-pocket expenses incurred. All invoices are payable within 30 days of receipt. Should you have any questions or comments, please da,not hesitate to contact either Steve Metz or Kate Mumpower at 229-0221,. Otherwise, should you elect to utilize our services, we would appreciate the return of a signed copy of this scope of services at your earliest convenience. Very truly yours, Coopers & Lybrand L.L.Y. SUBMITTFO BY L ACCEPTED BY TITLE 90* d 600' 014 Z0:91 96, ZZ f10N DA 1'L 6£90--8ZZ--ST8: QI UNU89AI 2 Sd3d003