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09/16/2002 (2) ~: .: ',":: .. .,~,,' ...', ,'.'","'. ~.. " ;' .'. ".: .I'~,.:.' ',,'.,:. ......; _'f +.:. .," ":" . "-',., ,.... ", ;.','.' " , , , : ~ ' . I n, '~ . - , " , ) . " . ' ," . , " I ' ,I. 'I ., . " , : " " ~ . . '. ' , ,," " " , , " , '.:r::,..i .r/ f:'>""<i~~~'~ ~i , . ~ . , , ,l <, ,/'. "I' ... c' t ",',," I~, ,: ., "<., j . j ,';' ; , :1 ' ,> " ,., , , " , ;. ; . 'I " J"'~ ~ ' ( ,.":~~ ,,' , " \: ~ " .i :, :~:: ,:'~': 1 . <" "', L..t_'.-o-..- __..... . .....,. ,I .f,... . ,,c.. ::,\/.,. ,'. .>' cn .' !, ,{!';t: _ " .. ' I., .' , c\: ,i' ',PENSION " , . ~' . ' " I' -,~ " . '. , .:." .', ' . ~, !\ :, ~ "..,.:, ..... , . , , ;"i: '0 '.' '1 ;~x: ";', , ~ ,>, I . . . . .. (~RUSTEES) ~oa,rd of Trustees 0' the Employees' , ' 'Pension Fund . Minutes, '. ~~::';): ::>,'-;, 'f H~~~ '/,:. ". ",' f~:'. ,~c.' '. ',' I~:::.:'.'." .'<' .' :r.r<',:; ',1 " \, :. : " 'I', \' ': . :.... I , c ',,' " , " ,... :;. . .... . . ,~ , , . ." "'. ,1 " ;.... <I' TI . ' ::.',~. j /~)'c':, '. ." ,~ c '\ . : ~. ) , ,', ":,\.,~~I, ,1' ". ~ , ~.. . . ,i/:~::;" , '" "D, , ate':' 'f":1,, ,I' ~/,:,c, l, (Jq/n , /O;J- , " .;. '. .. . \1 ~: ' ~:. l ' ,', " . . . ~ ~ '~: .~ I ... ~ ': " .; ," 'c,', > .. . < ,~ , " ., ." '. . ~,' ',,)' ~:'":.:' ~, . ::<\:': ,: l./ '.; ',.' . >>,c " '"~I. ;.<. :- ,;' ,,' . ~ .' I " , ' " ~ .... ! c'; '.' ,,'. I.," ',' <' ,. 1 :: p \ ' ,. " ., , ' .~' " ..... t - . , , ' '. ' , , .., . ,.: I' , . ."~.}. ,.c:", / \ . >u\J.'c' ,', , (' " I, i. ., , ,.'1,. ", " " > ~ " :'UI~J;'~J'v!"".. '~ I. '. . . , , " , , " , , ' ': ) " !. \' . ,I':.." '.":..' . ."~. :. , -;', . I /9J5' I, '~f: ~ ~r " ,~ '. L ~ , J' , ~ c . j '.'. . " , .' . ~ I ',\ . . . . . " " I .: '..., .:\ '. ':, ., .~ " ., .' o ACTION AGENDA Board of Trustees of tho Employoos' Ponslon Fund September 16, 2002 - 9:00 Q,m. 1. Call to Order - 9:13 a.m. 2. Approval of Minutes: 07/15/02 - Approved 3. Request for acceptance into membership: Jason Long. Stephanie Sansom, Jayshree Mistry, Matthew Roach. Mark Mariano, Steven Williams, Michael Lopez, Brian Swartz, Jada McCree, Marlene Taggart, Corinne Bello, Eric Matherly, Karen Helm, Jose Correa, Shannon Fondaw, Corinne Wells, Thomas Coffey, Fernando Rodlguez-lamberty, George Shaub, Jon Russell, James Robinson, Stephen Holwerda. Dennis Aponte, Michael Schrantz, Jarvis SI1eeler, David Clark, John Hunsucker, Victor Roberts, Karen Sawada, Cornelius Legters, Scott Reid, Mark Richardson, leah,Provost, Elizabeth Westerfield, Carol larkins, DavId' Bruneau, Aleksander Gregoire, and Matthew Beory, - Approved 4. Regular Pension(s) to be granted: Nancy Burgarella, Geraldine Jones, Peter Clare and Mary McCann - Approved . 5. Penslon(s) to be vested: Cindl Herald and Margaret Schultz - Approved ,6. Ratify and confirm an Increase In the amount authorized'to be spent with Christiansen & Dehner for legal and related services by $20,000 for a not to exceed cost of $100,400 for ,~.,..) the one-year period ending September 3D, 2002, approve extending the contract to \"....1 Christiansen & Dehner on a month-to-month basis starting October 1, 2002 for up to $25,000, and provide directIon to staff for acquiring legal services for the plan for FY 2002/03. - Approved ' 7. Ratify and confirm an Increase In the amount Duthorized to be spent with Gray Harris for leg,al and related services by $20,000 for a not exceed cost of $25,000. - Approved 8. Approve changes to the City of Clearwater Employees' Pension Plan relating to the . Economic Growth and Tax Relief Reconciliation Act of 2001 and recommend the City Commission pass Ordinance 7033-02 on second reading. - Approved , , 9. Approve the recommended administrative expenditures for fiscal year 2002-03 totaling $147.500 for the CUy of Clearwater Employees1 Pension Plan - Approved 10. Other Business ~ Attorney Dehner said new legislation addressing several Issues Is ' being prepared. He also requosted the Invostment Consultant provide an opinion on how pension records are handled. Staff will bring forward applicable policies regarding these matters. 11. Adjourn - 9:30 a.m. ,0 .'.; .,:,':. ~.'I""':'. :':''':l\ ',.j'! .g:.....:~,~) ': r' ..~.;, ~I .'.'.~'" . .,.... ,. ~~.. :;"..,'. .'~ ': "., ~ ': ..:.,'::.',. ~':"~"" :...,......;. "'."" t ,"'.+ .1..... :,.,.,,:/' ".',. 'I' "':':,'" ,:.... ,'.:":.' .' ~ . o , . TRUSTEES OF THE EMPLOYEES. PENSION FUND MEETING CITY OF CLEARWATER Septembor 161 2002 Present: Brian Aungst Whitney Gray Hoyt Hamilton . Frank Hibbard, William C. Jonson Chair Vlco-Chalr/Trusteo Trustee Trustee Trusteo ,I Also Present: William B. Horng II Pamela K. Akin Margie Simmons Lee Dehner , CynthIa E., Goudeau Brenda Moses City Manager City Attorney FInance Director Pension Trustees Attorney City Clerk Board Reporter ~ I " The Chair called the meeting to order at 9:13 a,m. at City Hall. .To provide contlnu Ity for resoarch, Itoms are In agenda order although not necessarily discussed In that order. , , , i...) ITEM #2 ~ Approval of Minutes: 07/15/02. Trustee Jonson moved to approve the minutes of the July 15, 2002, meeting, as recorded and submitted In written summation by the City Clerk to each Trustee. The motion was duly seconded and carried u,nanlmously. ' ITEM #3 ~ ReQuest for acceptance Into membersblP- t~e following: , " The following employees are eligible for pension membership. It Is the recommendation of the Pension Advisory Committee that they be accepted Into membership: Jason Long, Stephanie Sansom, Jayshree Mistry; Matthew Roach, Mark , Mariano, Steven Williams, Michael Lopez, Brian Swartz, Jada McCree, Marlene . Taggart, Corinne Bello, Eric Matherly, Karen Helm, Jose Correa, Shannon Fondaw, Corinne Wells, Thomas Coffey, Fernando Rodlguez~Lamberty, George Shaub, Jon , Russell, James RobInson, Stephen Holwerda, Dennis Aponte, Michael Schrantz, JarVis Sheeler, David Clark, John Hunsucker, Victor Roberts" Karen Sawada, Cornelius Legters, Scott Reid, Mark Richardson, Leah Provost, Elizabeth Westerfield, Carol , Larkins, David Bruneau, Aleksander Gregoire, and Matthew Beery. ; , Trustee Gray moved lo' accept the request for membership In the Employees' Pension Plan for: Jason Long, Stephanie Sansom, Jayshree Mistry, Matthew Roach, Mark Mariano, Steven Williams, Michael Lopez. Brian Swartz, Jada McCree. Merlene Taggart, Corinne Bello, Eric Matherly, Karen Helm, Jose Correa, Shannon Fondaw, Corinne Wells, Thomas Coffey. Fernando Rodlguez~Lamberty, George Shaub. Jon Russoll, James Robinson, Stephen Holwerda, Dennis Aponte, Michael Schrantz, JaNis Sheeler. David Clark, John Hunsucker, Victor Roberts, Karen Sawada, Cornelius Legters, Scott Reid. Mark Richardson, Leah Provost, Elizabeth Westerfield, Carol (KI~ .. 't~1D'" " mpf0902 1 9/16/02 '.' ..,. I : ;\n ':'. :,:'; '.. ~. .~. .1. ',";:, . I" ~.. " . , , ~ ;::.\~ (.:~."J u 'I ...._.......+..p~JI.~ ,. ".~ '.~ 'FL . .. , Larkins, David Bruneau, Aleksander Gregoire. and Matthew Beery. The motion was duly seconded and carried unanimously. , ' ITEM #4 - Reaular Pe'nsion(s) to be aranted: Nancy Burgarella. Police Officer, Police Department, was employed by the City on October 18, 1971. and her pension service credit is effective on April 18, 1972. Her pension will be effective September 1. 2002. , Based on an average salary of approximately $49,636 per year over the past five years, the formula for computing regular pensions, and Ms. Burgarella's selection of the 100% Joint & Survivor Annuity, this pension will be approximately $40,888 annually.' Geraldine Jones. Public Service Supervisor II, Public Utilities Department, was employed by the City on Apri114, 1980, and her pension seryice credit Is effective on that date. Her pension will be effective February 1, 2003. Based on an average salary of approximately $40,262 per year over the past five years, the formula for computing regular pensions, and Ms. Jones' selection of the , 100% Joint & Survivor Annuity, this pension will be approximately $24,935 annually. Peter Clare, Parking Technician" Engineering Department, was employed by the City on September 13, 1976, and his pension service credit is effective on March 19, 1977. His pension will be effective September 1, 2002. Based on an average salary of approximately $34.484 per year over the past five years, the formula for computing regular pensions, and Mr. Clare's selection of the 10- Year Certain & Life Annuity, this pension will be approximately $27,603 annually. Mary McCann, Customer Service Representative, Customer Service Department, was employed by the City on October 25, 1979, and her pension service credit is effective on May 29, 1980. Her pension will be effective November 1,2002. Based on an average salary of approximately $30,508 per year over the past five years, the formula for computing regular pensions. and Ms. McCann's election of the 100% Joint & Survivor Annuity, this pension will be approximately $6,742 annually. . These pensions were approved by the Pension Advisory Committee on August 2,2002. Section 2.393 (p) provides for normal retirement eHgibility when a participant , has completed twenty years of credited service in a type of employment described as "hazardous duty" and further specifically defines service as a Pollee Officer as meeting the hazardous duty criteria. Section 2.393 (p) also provides for normal retirement eligibility when a participant has reached age 55 and completed twenty years of credit service; has completed thirty years of credited service, or has reached age 65 and completed ten years of credited service. Ms. Burgarella qualifies under the hazardous duty criteria. Ms. Jones and Mr. Clare qualify under the age 55 and twenty years of , service criteria. Ms. McCann qualifies under the age 65 and ten years of service , 'criteria. ' mpf0902 9/16/02 2 ..; . _ ~ . ~ I .. ~ , . , c c < .~\ '. l .~:..,'. t. .jf+I', (I" "1 i"'~' ': ':~L' \' ." ...... '.' ',' ~~ :;'.;"I'j .......... .,' '~." ."; ...~, :'. '..:. ....-: :.;.' ,,r.... ".~:"". . ....r." ',. .~..~...., '_: .;'.' " ~ , Trustee Hamilton moved to approve the' request for Nancy Burgarella, Geraldine Jones, Peter Clare, and Mary McCann. The motion was duly seconded and c31'rled unanimously. ITEM #5 - Pension(s) to be vested: Cindi Herald and Marqaret Schultz Cindl Herald, Administrative Analyst, Solid Waste/General Services Department, was employed by the City on June 2, 1988. Ms. Herald terminated from City employm,ent on September 6, 2092. Margaret Schultz, Staff Assistant, Public Utilities Department, was employed by the City on July 13, 1992. Ms. Schultz terminated from City employment on July 26, 2002; ;.' + The' Employees' Pension Plan provides that should an employee cease to be an employee of the City of Clearwater after completing ten or more years of creditable service (pension participation), then such employee shall a,cquire 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. Ms. Herald would have completed twenty years of service and reached age 55 on June 2, 2008. Her pension will be effective July 1, 2008. Ms. Schultz would have completed ten years of service and reached age 65 on July 14, 2003. Her pension will be effective August 1, 2003. These pensions were approved by the Pension Advisory Committee on August 2, 2002. Trustee Jonson moved to approve the request for pensions to be vested for Cindi Herald and Margaret Schultz. The motion was duly seconded and carried unanimously. ITEM #6 - Ratifv and confirm an Increase in the amount authorized to be spent with Christiansen & Dehner for legal and related services by $20,000 for a not to exceed cost . of $100AOO for the one-year period ending September 30,2002, approve extending the contract to Christiansen & Dehner on a month-to-month basis starting October 1, 2002 for up to $25.000, and provide direction to staff for acquiring legal services for the plan for FY 2002103. , On October 15, 2001, the Trustees approved $30,000 for Christiansen and Dehner for legal and related services for the period 10/1/01- 9/30/02. " On November 13, 2001, the Trustees approved an additional $5,400 to Christiansen and Dehner for attendance at investment committee meetings. To date, $2,681,77 has been spent. ,,) mpf0902 3 9/16/02 ,,"," >' I. ~' c~, . ..).:., ( ... " On January 22,' 2002, the Trustees approved an additional $5,000 to Christiansen and Dehner to modlfy,existing money manager contracts, There have been no expenditures on this Item to date. , , On March 18. 2002, the Trustees approved an additional $40,000 for , Christiansen and Dehner for general pension legal services for a new total for general pension legal services of $70,000. Through June 30, 2002, $62,421.34 has been spent. Leaving a balance of 7,578.66 for the 3 remaining months of this year (July - Sept 2002). . Staff feels that an additional $20,000 will be needed to complete the year. , The Employee Pension Plan has been using Christiansen and Dehner since May 1999 (over 3 years). Staff would like direction regarding legal services for the p~nsion plan for fiscal year 2002/03. Options include: 1. , Renew the contract with Christiansen and Dehner for the period '10/1/02 - ~~3' ' ,. 2.> Extend the contract with Christiansen and Dehner on a month to month basis . starting 10/1/02 and go out for ~n RFP for legal services for. the Pension Plan The legal fees paid from the $70,000 authorization for FY 2001/02 to date are as follows: Month Aug - 01 Sept - 01 Oct - 01 Nov -' 01 Dee - 01 Jan'- 02 . Feb - 02 Mar - 02 Apr - 02 May - 02 Jun - 02 Jut - 02 Aug - 02 Sep - 02 , Amount 567.00 5,210.71 6,843.99 4,500.89 1,902.74 4,387.88 2.756.91 , 11,138.94 7,443.01 8,915.89 ,8,753.38 62,421.34 Finance Director Margie Simmons said at the last meeting, the PAC (Pension Advisory Committee) voted 3:3 that it would be prudent for the City offer an RFP (Request for Proposal) for legal and related services for Employee Pension administration and to provide legal direction to the PAC. In response to a question, Ms. Simmons said as the City Attorney's office does not have the time or. the legal experience in Pension law, an outside firm must be solicited to serve in an advisory position to the PAC. The current firm of Christiansen & Dehner not only provides this service, to the City, they also handle making medical payments for the City. Staff is looking at whether City staff can handle the payment of . mpf0902 4 9/16/02 .'1, j , "') , .; ~ , I c<l " medical payments In-house. It was remarked that not all services such as Pension law, tax expertise, and litigation can be found In one legal firm. Trustee Jonson moved to approve extending the contract to Christiansen & Dehner on a month-to-month basis starting October 1, 2002 for up to $25,000, and that the City offer an RFP for firms interested in serving in as legal counsel to the PAC. The motion was duly seconded, and carried unanimously. ITEM #7 - Ratify and confirm an increase In the amount authorized to be spent with Grav Harris for legal and related services by $20,000 for a not exceed cost of $25,000. On November 13; 2001, the Trustees approved an expenditure in the amount of $5,000 to the law firm of Gray Harris for legal services related to the pension plan. These legal services related to the analysis of Social Security obligations under an opt-in provision and a DROP (De~erred Retirement Option Plan). The City has a contract with the law firm of Gray Harris to perform legal services not related to pension issues. ,. ' Unfortunately, the costs for these services exceeded our previous estimate, and an additional sum is needed. We currently have invoices totaling $18,655.50 with some additional expenses anticipated. It was remarked that hopefully the City staff can better estimate these costs in the future. () Trustee Gray moved to ratify and confirm an increase in the amount authorized to be spent with Gray Harris for legal and related services by $20,000 for a not to exceed cost of $25,000. The motion was duly seconded and carried unanimously. , , ITEM #8 - Approve chanqes to the City of Clearwater Employees' Pension Plan relatino to the Economic Growth and Tax Relief Reconciliation Act of 2001 and recommend the City Commission pass Ordinance 7033-02 on second read,ing. The City of Clearwater Employees' Pension Plan must be amended to comply with the Economic Growth and Tax Relief Reconciliation Act of 2001. ' Amendments to the plan that are necessary due to changes in state or federal law do not needto be passed by referendum. The following changes to the Plan are recommended: ,1. Increase the OBRA '93 annual compensation limit from $150,000.00 to $200,000.00; 2. Increase the maximum amount of annual retirement Income payable under t~e Plan from $90,000.0'0 to $160,000.00; \~ 3. Change the rollover provisions for distributions made after .January 1, 2002, to allow employees to roll over any portion of their pension contributions that Is includible in their gross income provided the rollover is made to an Individual retirement account or a retirement annuity described mpf0902 5 9/16/02 ~. . . :'. l , )" ..:1' . '1' ;, (~) Q In Internal Revenue Code Section 408(b) or to a qualified defined contrlhutlon plan described In Internal Revenue Code Sections 401 (a) or 403(a) that agrees to separately account for the amounts that are Includible (post~tax amount) and the amounts that are not includible (pre~ tax amount). 4. Include as an lIeligible retirement plan" any eligible deferred compensation plan described in Internal Revenue Code Section 457(b) that agrees to separately account for the amounts transferred from the Pension Plan and an 'annuity contract described in Internal Revenue Code Section 403(b). This provision will also apply to rollover distributions to the surViving spouse. Trustee Gray moved to approve changes to the City of Clearwater Employeest , Pension Plan relating to the Economic Growth and Tax Relief Reconciliation Act of 2001 and recommend the City Commission pass OrdInance 7033~02 on second reading. The motion was duly seconded and carried unanimously. ITEM # 9 ~ Approve the recommended administrative expenditures for fiscal vear 2002- 03 totaling $147,500 for the City of Clearwater Employees' Pension Plan The Employees' Pension plan does not have a legal requirement to have a budget. The Trustees must approve all expenditures. The following are routine expenditures that staff is requesting approval for the sake of efficiency. These expenditures involve routine and small dollar amounts. Medical Bills are for the medical services that the 'Pension Advisory Committee authorizes. Travel is for two trips. The first is for attendance for two people at the Callan training seminar and vIsit Callan, the pension plan's performance measurement firm. Second is for training for two people with our new custodian. . Printing and Binding is for the statutorily required annual information distribution to the members of the pension plan. Training is ,for the mandatory training required by state statute. Money Manager, Safekeeping Service; and Pension Administrator fees are all set by contracts approved by the trustees and are not included in this administrative budget. Reimbursement to the General Fund and Self Insurance fund Is for the cost of oversIght of the plan and is recognized as revenue,to the General Fund and Self Insuran~e Fund. ' Medical Bills $6,000 Travel Expenses 4,500 Printing , 750 Reimbursement to General Fund' Reimbursement to the Self Insurance Fund PhYSicals Trai~ing Misc. 35,000 1,000 250 77,000 23,000 mpf0902 ' 6 9/16/02 :,' ..,;'..!,.' '. ~ , , ' ", .' I . , ' i' " '\~e ~ " ~: \ ,". " I, 't) '. J, , " ..l ~ .', , , " " .; . " ~, ' ~ L . '" . ," '~.: . . ,. , , . , :;i+~"~:~.'\~e <.",:., ~. , "' I. . , ' , . . ,e' t. " . , Cash & Investment Manager Steve Moskun said the PAC reviewed and rec'ommehded that the Commission approve the recommended administrative expenditures for,fiscal year 2002-03 totaling $147,500 for the City's Penslon,Plan. In response to a question. he said this is where the cost for an RFP would be absorbed. Trustee Hibbard moved to approve the recommended administrative expenditures for fiscal year 2002-03 tot811ng $147,500 for the City of Clearwater Employees' Pension Plan. ,The motion was duly seconded and carried u~anlmously. ITEM #10 - Other Business , ,PAC Board Attorney Lee Dehner said In accordance with new legislation addressing corporate fraud issues. proxy voting guidelines, how proxies are being voted upon, the relationship between directors and management, and notification of any , litigation, bankruptcies, etc. are being prepared. He also requested the Investment . Consultant provide an opinion to the PAC and Trustees how retention, disposition, etc. , of Pension records are handled. Ms. Simmons said staff would bring forward applicable policies re'garding these matters. ' ITEM #11 - Adlourn The meeting adjourned at ~:30 a.m.' Chair , Board of Perisl n Trustees ~st: . ..~ (. J:L~~."-- C t lerk ' , , J; I , ; , ;. , . mpf0902 ' 9/16/02 7 .' ' '1 '.. " ~:, -.1 ~ ..'." ,Ii . ..'.h ,.." ~"., '.~ t.," ',I,", ' t.... .." ...:'.;, : j'L'~'I:., '~":' .., "I;: ..~ ;'. l'I'j. .,'....~,