09/16/2002
TRUSTEES OF THE EMPLOYEES' PENSION FUND MEETING
CITY OF CLEARWATER
September 16, 2002
Present: Brian Aungst Chair
Whitney Gray Vice-Chair/Trustee
Hoyt Hamilton Trustee
Frank Hibbard Trustee
William C. Jonson Trustee
Also Present: William B. Horne II City Manager
Pamela K. Akin City Attorney
Margie Simmons Finance Director
Lee Dehner Pension Trustees Attorney
Cynthia E. Goudeau City Clerk
Brenda Moses Board Reporter
The Chair called the meeting to order at 9:13 a.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
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
motioncarried
was duly seconded and unanimously.
ITEM #3 - Request for acceptance into membership the 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, Merlene
Taggart, Corinne Bello, Eric Matherly, Karen Helm, Jose Correa, Shannon Fondaw,
Corinne Wells, Thomas Coffey, Fernando Rodiguez-Lamberty, George Shaub, Jon
Russell, James Robinson, Stephen Holwerda, Dennis Aponte, Michael Schrantz, Jarvis
Sheeler, David Clark, John Hunsucker, Victor Roberts, Karen Sowada, Cornelius
Legters, Scott Reid, Mark Richardson, Leah Provost, Elizabeth Westerfield, Carol
Larkins, David Bruneau, Aleksander Gregoire, and Matthew Beery.
Trustee Gray moved to 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 Rodiguez-Lamberty, George Shaub, Jon
Russell, James Robinson, Stephen Holwerda, Dennis Aponte, Michael Schrantz, Jarvis
Sheeler, David Clark, John Hunsucker, Victor Roberts, Karen Sowada, Cornelius
Legters, Scott Reid, Mark Richardson, Leah Provost, Elizabeth Westerfield, Carol
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motion
Larkins, David Bruneau, Aleksander Gregoire, and Matthew Beery. The was
carried
duly seconded and unanimously.
ITEM #4 - Regular Pension(s) to be granted:
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 April 14, 1980, and her pension service 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 eligibility 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 Police 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.
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Trustee Hamilton moved to approve the request for Nancy Burgarella, Geraldine
motioncarried
Jones, Peter Clare, and Mary McCann. The was duly seconded and
unanimously.
ITEM #5 - Pension(s) to be vested: Cindi Herald and Margaret Schultz
Cindi Herald, Administrative Analyst, Solid Waste/General Services Department,
was employed by the City on June 2, 1988. Ms. Herald terminated from City
employment on September 6, 2002.
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 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. 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
motioncarried
Cindi Herald and Margaret Schultz. The was duly seconded and
unanimously.
ITEM #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 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 2002/03.
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
On January 22, 2002, the Trustees approved an additional $5,000 to
Christiansen and Dehner to modify 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
pension plan for fiscal year 2002/03. Options include:
1. Renew the contract with Christiansen and Dehner for the period 10/1/02 –
9/30/03
2. Extend the contract with Christiansen and Dehner on a month to month basis
starting 10/1/02 and go out for an 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 Amount
Aug - 01 567.00
Sept - 01 5,210.71
Oct – 01 6,843.99
Nov – 01 4,500.89
Dec – 01 1,902.74
Jan – 02 4,387.88
Feb – 02 2,756.91
Mar – 02 11,138.94
Apr – 02 7,443.01
May – 02 8,915.89
Jun – 02 8,753.38
Jul – 02
Aug – 02
Sep – 02 ________
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
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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.
motioncarried
The was duly seconded and unanimously.
ITEM #7 - 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 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 (Deferred 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
motioncarried
exceed cost of $25,000. The was duly seconded and unanimously.
ITEM #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.
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 need to 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 the Plan from $90,000.00 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
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made to an individual retirement account or a retirement annuity described
in Internal Revenue Code Section 408(b) or to a qualified defined
contribution 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 “eligible 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 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
motioncarried
reading. The was duly seconded and unanimously.
ITEM # 9 - Approve the recommended administrative expenditures for fiscal year 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 Insurance Fund.
Medical Bills $6,000 Physicals 35,000
Travel Expenses 4,500 Training 1,000
Printing 750 Misc. 250
Reimbursement to General Fund 77,000
Reimbursement to the Self Insurance Fund 23,000
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Cash & Investment Manager Steve Moskun said the PAC reviewed and
recommended that the Commission approve the recommended administrative
expenditures for fiscal year 2002-03 totaling $147,500 for the City’s Pension 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 totaling $147,500 for the City of Clearwater
motioncarried
Employees' Pension Plan. The was duly seconded and unanimously.
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 regarding these matters.
ITEM #11 - Adjourn
The meeting adjourned at 9:30 a.m.
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