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11/18/1999 TRUSTEES OF THE EMPLOYEES' PENSION FUND SPECIAL MEETING CITY OF CLEARWATER November 18, 1999 Present: Brian J. Aungst Chair Ed Hooper Vice-Chair/Trustee J. B. Johnson Trustee Robert Clark Trustee Ed Hart Trustee Also present: Michael J. Roberto City Manager Pamela K. Akin City Attorney Lee Dehner Pension Trustees Attorney Paul O'Rourke Human Resources Administrator Sue Diana Assistant City Clerk Patricia O. Sullivan Board Reporter The Chair called the special meeting to order at 6:28 p.m. at City Hall. changes to City of Clearwater Employees' Pension Plan ITEM - Approve ; authorize staff to proceed with ordinance revision and referendum Mr. O’Rourke reviewed the following recommended plan changes: 1) add an ad hoc cost of living (COLA) of 1.5% for active employees and retirees; 2) change average monthly compensation from final to highest five years of service; and 3) change plan so that vested employees retiring at age 65 with less than 20 years of service would get a "normal" retirement instead of an actuarial equivalent or "reduced" benefit. Annually, employees contribute 8% of salaries, while the City contributes 7%. The plan’s total projected actuarial liability is $370 million, or a $23.7 million unfunded actuarial liability. The actuarial value of plan assets is $354 million and the market value of plan assets is $416 million. The plan has actuarial reserves of $62 million and a credit balance of $6.8 million. Pursuant to Florida Statutes, the minimum total contribution required for 1999 is 6.5% of payroll which is met by employees’ contributions. The City’s contribution increases the credit balance. A pension benefit survey compared City pension benefits with 29 pension plans, including those of the Florida Retirement System, Lakeland, Orlando, St. Petersburg, Tallahassee, etc. Required employee contributions range from 2% to 8% of salary while required employer contributions range from 1.1% to 57.6% of salaries. The majority of plans provide automatic or ad hoc COLAs (Cost of Living Adjustment), from 1% to 4%. Ad hoc COLAs allow the COLA to be reduced or suspended if the plan cannot support it. During the last 10 years, Federal Retiree and Social Security COLAs have averaged 3%. Clearwater also has the only plan based on the final 5-year average. Pension change assumptions are based on City contributions not exceeding 7% of payroll, a 7% investment rate of return, and 5% salary increases annually. mpf11b99 1 11/18/99 Any changes to the Employees Pension Plan require approval by the PAC, Pension Trustees, and citizens in a referendum election. The PAC has already approved the changes. Mr. O’Rourke said staff is recommending the 1.5% COLA be automatic to avoid possible legal problems related to an ad hoc provision. The PAC, concerned about future costs, had approved the ad hoc provision without considering legal issues. Discussion ensued regarding if the Trustee should consider the proposed changes together or separately. As changes are part of contractual negotiations, it was felt all changes should be considered as a package. Concern was expressed the changes had been presented without adequate time for deliberation and clarification of impacts to the plan. Reference was made to the plan’s excellent return on current investments. In response to a question, Financial Services Administrator Margie Simmons said each year, one-fifth of actuarial reserves are transferred back to the plan. Actuarial reserves are increased annually with investment returns that exceed projections. She spoke in support of the proposal. It was felt change #3 provides an unfair benefit not available to younger employees who must meet age and employment length guidelines. Concern was expressed in increasing benefits for employees affected by previous career decisions. It was stated change #3 will provide benefits to older employees who do not have a choice and are required to participate in the plan rather than add to their Social Security credits. Trustee Hooper reported the City Attorney had opined his status as a Pension Plan recipient creates no conflict of interest. In response to a question, Mr. O’Rourke said the plan currently is funded at 174% of required levels. moved Trustee Hooper to approve the following changes to the City of Clearwater's Employees Pension Plan: 1) provide a 1.5% automatic COLA for active employees and retirees; 2) base computation of monthly compensation on the highest 5-year average; and 3) change annuity benefits for vested employees who retire at age 65 with less than 20 years of service and authorize staff to proceed with drafting the ballot question incorporating all three changes. Mr. O’Rourke reported the plan would adopt conditions related to State 185/175 legislation, which includes a 55/10 provision. The City Attorney noted the agenda item states change #1 provides for an ad hoc COLA. Mr. O’Rourke said staff agreed with counsel's concerns regarding liability issues related to an ad hoc provision and his recommendation that it be automatic. Pension Trustees Attorney Lee Dehner said potential legal risks of the ad hoc provision relate to plan members who may take action if an adjustment is not received. The plan’s actuary Steve Metz supports the recommendation. Mr. Dehner said the Trustees could reduce benefits by referendum if they become too expensive. Opposition to COLAs was stated. mpf11b99 2 11/18/99 motion The was duly seconded. Trustees Hooper, Clark, and Hart, and Chair Aungst carried voted “Aye”; Trustee Johnson voted “Nay.” Motion . The meeting adjourned at 7:01 p.m. mpf11b99 3 11/18/99