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01/12/2004 TRUSTEES OF THE EMPLOYEES' PENSION FUND MEETING CITY OF CLEARWATER January 12, 2004 Present: Brian Aungst Chair Hoyt Hamilton Vice-Chair/Trustee J. B. Johnson Trustee Frank Hibbard Trustee William C. Jonson Trustee Also Present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Joe Roseto Human Resources Director Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Chair called the meeting to order at 1:13 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 2. Approval of Minutes: December 15, 2003 Trustee Hibbard moved to approve the minutes of the December 15, 2003, meeting, as recorded and submitted in written summation by the City Clerk to each motioncarried Trustee. The was duly seconded and unanimously. 3. Request for acceptance into membership: Kathy Day, Michael Conroy, Jason Wallace, Gerard Grace, Darren Pohorenec, Joseph Metz, Chris Topping, Terry Swatzell, Merewyn Mendenhall and Tarik Jones Human Resources Director Joe Roseto presented the recommendation of the PAC (Pension Advisory Committee) to approve membership for employees: Kathy Day, Michael Conroy, Jason Wallace, Gerard Grace, Darren Pohorenec, Joseph Metz, Chris Topping, Terry Swatzell, Merewyn Mendenhall and Tarik Jones. Trustee Hamilton moved to accept the recommendation of the Pension Advisory motioncarried Committee. The was duly seconded and unanimously. 4. Regular Pension(s) to be granted: Michael Burke, Alan Mayberry, Joseph Rinaldi and Thomas Grow Mr. Roseto presented the recommendation of the Pension Advisory Committee that Michael Burke, Alan Mayberry, Joseph Rinaldi and Thomas Grow be granted regular pensions under Section(s) 2.393 and 2.397 of the Employees' Pension Plan as approved by the Pension Advisory Committee. Michael Burke, Equity Services Manager, Equity Services Department, was employed by the City on October 25, 1982, and his pension service credit is effective on Pension Trustees 2004-01-12 1 that date. His pension will be effective May 1, 2004. Based on an average salary of approximately $51,583 per year over the past five years, the formula for computing regular pensions, and Mr. Burke’s selection of the 10-year Certain & Life Annuity, this pension will approximate $32,501 annually. Thomas Grow, Gas Supervisor, Gas Department, was employed by the City on August 26, 1975, and his pension service credit is effective on July 6, 1976. His pension will be effective August 1, 2004. Based on an average salary of approximately $48,325 per year over the past five years, the formula for computing regular pensions, and Mr. Grow’s selection of the Joint & Survivor Annuity, this pension will approximate $37,273 annually. William A. Mayberry, Urban Forestry Manager, Public Services Department, was employed by the City on July 25, 1973, and his pension service credit is effective on January 26, 1974. His pension will be effective February 1, 2004. Based on an average salary of approximately $50,478 per year over the past five years, the formula for computing regular pensions, and Mr. Mayberry’s selection of the Joint & Survivor Annuity, this pension will approximate $41,645 annually. Joseph J. Rinaldi, Police Sergeant, Police Department, was employed by the City on August 12, 1985, and his pension service credit is effective on that date. His pension will be effective December 1, 2003. Based on an average salary of approximately $76,717 per year over the past five years, the formula for computing regular pensions, and Mr. Rinaldi’s selection of the 100% Joint & Survivor Annuity, this pension will approximate $37,973 annually. These pensions were approved by the Pension Advisory Committee on December 11, 2003. 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 thirty years of credited service, or has reached age 65 and completed ten years of credited service. Section 2.393 also (p) provides for normal retirement eligibility when a participant has completed twenty years of service in a hazardous duty position or ten years of service and age 55. It provides for an early hazardous duty retirement with ten years of service and at least age 50 with a 3% reduction for each year under age 55 to a maximum reduction of 15%. It further specifically defines service as a Police Sergeant as meeting the hazardous duty criteria. Mr. Burke and Mr. Grow qualify under the 20 years of service and age 55 criteria. Mr. Mayberry qualifies under the 30 years of service criteria. Mr. Rinaldi qualifies under the hazardous duty early retirement criteria. Trustee Jonson moved to grant regular pensions for Michael Burke, Alan Mayberry, Joseph Rinaldi and Thomas Grow as approved by the Pension Advisory motioncarried Committee. The was duly seconded and unanimously. 5. Pension(s) to be vested: Millie F. McFadden and Paul Ritz Millie McFadden, Parks Maintenance Coordinator, Parks & Recreation Department, was employed by the City on March 6, 1989, and began participating in the Pension Plan on that date. Ms. McFadden terminated from City employment on November 3, 2003. Pension Trustees 2004-01-12 2 Paul Ritz, Librarian II, Library Department, was employed by the City on September 3, 1985, and began participating in the Pension Plan on that date. Mr. Ritz terminated from City employment on October 3, 2003. 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 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 also (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. McFadden would have completed twenty years of service and reached age 55 on July 18, 2014. Her pension will be effective August 1, 2014. Mr. Ritz would have completed twenty years of service and reached age 55 on April 26, 2007. His pension will be effective May 1, 2007. These pensions were approved by the Pension Advisory Committee on December 11, 2003. Trustee Hibbard moved to allow Millie F. McFadden and Paul Ritz to vest their pensions under Sections 2.397 and 2.398 of the Employees Pension Plan as approved motion carried by the Pension Advisory Committee. The was duly seconded and unanimously. 6. Authorize up to an additional $80,000 to be paid to Klausner and Kaufman increasing the not to exceed amount from $60,000 to $140,000 for the period 5/12/03 through 9/30/04. On May 12, 2003, the Pension Trustees approved a legal services agreement with Klausner & Kaufman, which authorized payments to Klausner & Kaufman in the amount not to exceed $60,000 for the period May 12, 2003 through September 30, 2004. Payments from May 12 through November 2003 equal $48,397.02: May 12 - 29, 2003 $ 975.00 June 2003 4,911.59 July 2003 5,572.74 Aug 2003 5,368.30 Sept 2003 5,277.63 Oct 2003 8,921.12 Nov 2003 17,370.64 Pension Trustees 2004-01-12 3 Total $48,937.02 These payments include both hourly rates paid to Klausner and Kaufman as well as reimbursement for expenses incurred on the plan’s behalf, such as medical exams, copies, travel expenses, etc. It is anticipated that increasing the not to exceed amount from $60,000 to $140,000 will allow payments to be made to Klausner and Kaufman for the duration of the fiscal year, which ends September 30, 2004. In response to a question, Trustee Hibbard said at the PAC meeting, staff had indicated that there were more disability claims than anticipated, which prompted the need to increase fees to Klausner and Kaufman. Trustee Hibbard moved to approve authorizing up to an additional $80,000 to be paid to Klausner and Kaufman increasing the not to exceed amount from $60,000 to motion $140,000 for the period May 12, 2003 through September 30, 2004. The was carried duly seconded and unanimously. 7. Ratify and confirm the termination of Invesco Capital Management, transferring the total assets held by Invesco of approximately $19 million dollars to Northern Trust the plan custodian, where they will be distributed to other existing money managers as required to keep the Plan balanced within our current investment guidelines. For the last year, Invesco has performed at the 79th percentile (one being the best and one hundred the worst). For the last two years, they have performed at the 49th percentile. However, during this period when staff would have thought value- oriented managers would do well, Invesco only delivered an "average" performance. Additionally, John Rogers, leader of the Invesco international discipline when Invesco was hired, has been given more management responsibilities. It is unlikely that he can devote the attention to the international discipline that he did when the Plan hired Invesco. Invesco currently is subject to legal proceedings involving securities and consumer fraud charges and are fighting the charges. That battle, our advisors feel, will create an unnecessary distraction for Invesco. The Plan's advisors, John Willoughby of Charles D. Hyman and Company, and Paul Troup of Callan Associates Inc. recommend that the plan terminate Invesco. Monies from Invesco will be distributed among existing money managers to rebalance the Plan's assets to Domestic Equity 55%, International Equity 5%, and Domestic Fixed Income 40%. The Plan's attorney, Klausner and Kaufman, PA have been notified of the decision to terminate Invesco and concurs. Ms. Simmons said staff had contacted Invesco in December and gave the firm 30 days notice regarding this action. In response to a question, Mr. Moskun Invesco has performed less than stellar and is also in trouble. Trustee Hamilton moved to ratify and confirm the termination of Invesco Capital Management, transferring the total assets held by Invesco of approximately $19 million dollars to Northern Trust the plan custodian, where they will be distributed to other existing money managers as required to keep the Plan balanced within our current motioncarried investment guidelines. The was duly seconded and unanimously. Pension Trustees 2004-01-12 4 . . . 8. 9. Other Business - None. Adiourn The meeting adjourned at 1: 17 p.m. Attest: - 2-. ):f.-lo .!:b-~ Pension Trustees 2004-01-12 5