01/31/2005
TRUSTEES OF THE EMPLOYEES' PENSION FUND/PENSION ADVISORY
COMMITTEE JOINT WORKSHOP
CITY OF CLEARWATER
January 31, 2005
Present: Frank Hibbard Chair
William C. Jonson Trustee
Hoyt Hamilton Trustee
Carlen Petersen Trustee
John Doran Trustee
John Lee Committee Member/Chair
Thomas Jensen Committee Member
Nathan Hightower Committee Member
Absent: John Schmalzbauer Committee Member
Also Present: William B. Horne II City Manager
Pamela K. Akin City Attorney
Joe Roseto Human Resources Director
Robert D. Klausner Pension Plan Attorney
Stuart A. Kaufman Pension Plan Attorney
Cynthia E. Goudeau City Clerk
Patricia O. Sullivan Board Reporter
The Chair called the meeting to order at 2:03 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Pension Trustee Attorneys Robert Klausner and Stuart Kaufman reviewed proposed
revisions to the Pension Fund: 1) Reemployment post retirement; 2) DROP (Deferred
Retirement Option Plan); 3) BACKDROP; 4) Disability proposals; 5) Buybacks/Purchases of
prior service; 6) Option forms of payment; 7) Elimination of remarriage penalty; 8) Opting in
and out; and 9) Death benefit payment option.
Pension benefits are terms and conditions of employment that are subject to
negotiation between the City and the unions. Some proposed revisions do not involve an
associated cost, but still may have to be bargained for prior to adoption. Other proposals
involve costs, which require calculation by the Plan’s actuary. The City and appropriate unions
will have to agree upon final proposals, prior to going to referendum. All changes require
preparation of an actuarial impact statement, which must be filed with the State prior to
passage of the Ordinance.
Reemployment post retirement
– Currently, a retiree is not eligible to participate in the
Plan upon subsequent reemployment if benefits have commenced. Recommended/allowable
revisions: 1) suspend benefit payments during reemployment; 2) permit rehired employees to
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start vesting anew in the Plan, while continuing to receive benefits; or 3) permit rehired
employees to opt out of the Plan.
Currently, police officers and firefighters who return to service in a public safety
capacity are required by Chapters 175 and 185 to participate in their respective plan. This is
not true for general employees. It was recommended that the Plan contain a requirement that
the retiree remain separated from service for a period of 30 days before reemployment. The
IRS requires “meaningful” separation from service to avoid taxable “constructive receipt” of
benefit issues while in service.
In response to questions, Mr. Klausner said related costs would have to be determined
by an actuary. State statue requires a cap on pension benefits equal to 100% of average final
compensation and prohibits receiving credit by two employers at the same time. Two separate
calculations would encourage some high level employees to return.
DROP
– Pension Plan lacks DROP option. Recommend - Adopt DROP option: 1) Limit
DROP participation to members who are eligible for normal retirement; 2) Determine DROP
length – recommend three to five year DROP period; 3) Determine DROP interest rate –
recommend guarantee fixed interest rate or permit DROP accounts to receive actual
investment gains or losses experienced by the Pension Plan; 4) Determine DROP distribution
– recommend require payment of DROP balances within 60 days of separation from service.
Upon entering DROP, the member “retires” for pension purposes. Monthly pension
benefit locks in based on current earnings and service. Monthly pension benefit is paid into
DROP account. Participants must terminate employment at the end of the DROP period.
DROP account earns/losses interest based on Plan’s investment experience or is paid a fixed
interest rate.
DROP advantages: 1) lump sum “nest egg”; 2) head-start on retirement; 3) two
incomes – accelerates pension while still working; 4) tax deferred growth; 5) tax deferral
continues if rollover to IRA; and 6) member no longer makes regular pension contribution,
thereby increasing take home pay.
DROP disadvantages: 1) participant required to terminate employment at end of DROP
period; 2) if family circumstances change, participant may not want to terminate employment;
3) no disability benefits are payable from the Plan as the participant already is retired; 4) do
not receive additional service nor higher earnings; 5) lower monthly pension.
In response to a question, Plan Actuary Steve Metz said the program can be cost
neutral to the plan but costs the employer. Mr. Klausner said plan participants have requested
more options. While investment education is not required, he said providing preretirement
education to plan participants makes sense. While some plans use an actual rate of return,
others have assumed rates. Accruing supplemental benefits depends on the plan.
BACKDROP
– Pension Plan lacks BACKDROP option. Recommend - Adopt
BACKDROP option, which permits partial lump sum distributions of pension benefits after
eligibility for retirement. Example: Member with 30 years elects 3-year BACKDROP: 1)
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Member paid lump sum of three-year benefit; 2) Pension calculation based on 27 years.
Currently, retirees are not eligible to participate in the Plan upon subsequent reemployment if
benefits have commenced.
Disability Proposals:
Currently, the Plan can exclude as members individuals who have failed a
comprehensive physical exam and have not been recommended for membership.
Recommend: 1) Plan should not deny membership based on physical condition. A pre-existing
condition exclusion provides adequate protection and 2) Review current pre-employment
medical exam to focus on detection of preexisting conditions.
Currently, the Plan does not require a higher standard of proof for mental disabilities.
Recommend revising standard to include appropriate language.
Currently injuries occurring while an employee is working on an approved “extra duty”
assignment are considered non-service incurred. Recommend considering to extend service
connected disability presumption to cover such injuries.
Currently, the Plan lacks any offsets for outside earnings. Recommend instituting, as a
costs savings measure, and similar to many plans in the State, which have instituted outside
earnings offsets. Recommend requiring future disability retirees to submit annual notarized
affidavits detailing outside financial awards.
In response to a question, Mr. Klausner said an offset is permitted. The sum of workers
compensation and pension cannot exceed 100% of salary.
Currently, the Plan lacks offsets for awards received from third parties or other sources
(personal injury awards, insurance settlements). Recommend requiring future disability
retirees to submit copies of financial awards, settlement agreements, and contracts and
sanction failure to cooperate by revocation of disability benefits.
Currently the Plan lacks clarity on the issue of whether an off-duty employee has gone
“back on the clock” during an extra-duty assignment. Recommend clarification of treatment of
injuries occurring while on extra duty assignments. Cost could be minimized by assessing an
extra fee charged to outside employers who hire off-duty officers and firefighters.
Buybacks/Purchases of prior service
– Recommend: 1) allow purchase of prior
governmental service for general employees and prior police and fire service for public safety
employees and 2) require member to pay full actuarial cost, determined at the rate of pay of
the employee at time service is purchased. It would need to be determined if purchased
service would count for vesting.
Purchase of ‘Contract Employee’ service with the City – Suggest: 1) Ordinance could
be adopted for general employees through bargaining; 2) contract service not available for
police officers or firefighters who are required by Chapters 175 and 185 to be “full-time
employees”; and 3) Ordinance could be structured to have no cost impact on the City.
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Purchase of “Air-Time” (increased multiplier) – Suggest: 1) purchase of service by
general employees not tied to prior actual government service; 2) police officers and
firefighters prohibited from purchasing “air-time” by Chapters 175 and 185; and 3) permit public
safety employees and general employees to buy an increase in the multiplier. Ordinance
could be tailored in the same manner as prior purchases.
Purchase of Prior Military Service – Purchase of prior military service is allowed around
the State. – Suggest: 1) Require proof of service with honorable discharge. Need to consider:
1) vesting and cost issues; 2) should Coast Guard, Merchant Marine, or service in the NOAA
Coast Survey be included; and 3) should purchases be limited to “wartime” service.
Option forms of benefit payment/”Pop-Up”
– Recommend extending 66 2/3 “joint
and survivor” option to general employees – an actuarial equivalent benefit with no cost; and
2) offer actuarially equivalent pop-up option for joint and survivor annuities – with no City cost.
Beneficiary Changes – Recommend: 1) permit general employees to change their joint
annultant, as permitted for public safety retirees. Police and fire members currently are
allowed to change their joint annultant after retirement. The benefit is actuarially redetermined
based upon the age of the newly name annultant.
Elimination of remarriage penalty
- Currently, the Plan provides for the payment of
survivor annuities to the designated annultant until death, but requires the benefit of a spouse
to stop upon remarriage. Recommend eliminating the remarriage penalty. The current
provision is subject to Equal Protection challenge. It encourages people to live together
without getting married. A small actuarial impact may be associated with eliminating the
remarriage penalty.
In response to a question, Mr. Klausner said due to concerns regarding civil rights, he
recommended the benefit to married and single plan participants be equal.
Opting in and out
– Recommend: 1) permit general employees to opt in and out of the
Plan. Prior counsel suggested allowing current employees not eligible for membership to opt
in and allowing unclassified employees to participate in Plan or a 401a plan.
Death benefit payment option
- Currently, a vested member who dies prior to
retirement is entitled to a death benefit payable in the form of a normal retirement benefit. For
a normal retirement benefit, a member is entitled to select a survivor annuity payable for the
life of the beneficiary. Recommend exploring changing the death benefit to allow the member
to choose an actuarially equivalent survivorship benefit payable for the life of the beneficiary.
Mr. Klausner suggested the death benefit payment option could become payable on
the date of retirement, if the plan participant had lived, or similar to early retirement. He
recommended the value of the benefit be the same. Discussion ensued regarding spousal
benefits. Mr. Klaus said it would make sense to allow the spouse of a plan participant who had
died to determine which annuity was preferred.
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General Employee Benefit Comparison:
Orlando - DB plan closed to new employees hired after October 1, 1998; DC plan for
new employees with 10% City and 3% employee contributions: 1) 3 year averaging; 2.5%
multiplier with 75% cap; 2) 4.88% employee contribution rate; 3) normal retirement at age 65 &
5 years or “25 & out”; 4) 2% COLA beginning at 64 and 1 year of retirement, or after
completion of 4 years of retirement; and 5) no DROP.
Gainesville: 1) 3 year averaging; 2% multiplier; 2) 2% employee contribution rate; 3)
normal retirement at 55 & 25 years; 60 & 10 years; or 51 & 30 years; 4) no guaranteed COLA;
and 5) DROP (total city service cannot exceed 35 years).
St. Petersburg: 1) 5 year averaging; 2% multiplier; 2) 2% employee contribution rate; 3)
normal retirement at 55 & 25 years; 60 & 10 years; or 51 & 30 years; 4) no guaranteed COLA;
and 5) DROP (total city service cannot exceed 35 years).
Ft. Lauderdale – two groups with different benefits and contributions; optional DC plan):
1) 2 year averaging; 3% multiplier through year 25; 2.5% multiplier afterwards; with 90% cap;
2) 8% employee contribution rate; 3) normal retirement at 55 & 5 years or 30 years; 4) variable
COLA funded with investment returns, not to exceed CPI; and 5) 3-year DROP.
Tallahassee – simultaneous participation in DB plan & DC plan with a 5% city
contribution: 1) 3 year averaging; 2.25% multiplier; 2) 3% employee contribution rate,
increasing to 3.5% on October 1, 2005; 3) normal retirement at age 62 or 30 years; early
retirement at 55 & 5; 4) 3% COLA; 5) health insurance supplement of $5 per month per year of
service and 6) no DROP.
Miami Beach: 1) 2 year averaging (Tier 1); 3 year averaging (Tier 2); 3% multiplier for
first 15 years, 4% thereafter, with 90% cap for Tier 1; 3% multiplier with 80% cap for Tier 2; 2)
10% employee contribution rate; 3) normal retirement at 50 & 5 years (Tier 1); 60 & 10 years
(Tier 2); or age 62; 4) 1.5 % COLA; and 5) no DROP.
Clearwater: 1) 5 year averaging; 2.75% multiplier; 2) 8% employee contribution rate; 3)
normal retirement at 55 & 20 years; 30 years; or 65 7 10 years; 4) 1.5% COLA beginning at 64
and 1 year of retirement, or after completion of 4 years of retirement; and 5) no DROP.
Police & Fire Benefit Comparison
Tallahassee Fire – simultaneous participation in DB plan, share plan, & matched
annuity plan: 1) 3 year averaging; 3% multiplier for first 20 years, 4% thereafter with 81% cap;
2) 7.81% employee contribution rate, increasing to 10.8% on October 1, 2005; 3) normal
retirement at age 55 & 5 or “25 & out”; 4) 3% COLA; 5) health insurance supplement of $5 per
month per year of service and 6) no DROP.
Tallahassee Police – simultaneous participation in DB plan, share plan, & matched
annuity plan: 1) 3 year averaging; 2% multiplier prior to October 1, 1989, 3% thereafter; 2)
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4.45% employee contribution rate; 3) normal retirement at age 55 & 5 or “25 & out”; 4) 3%
COLA; 5) health insurance supplement of $5 per month per year of service and 6) no DROP.
Ft. Lauderdale Police & Fire: 1) 2 year averaging; 3.38% multiplier; 2) 7% employee
contribution rate; 3) normal retirement at 55 & 10, “20 & out,” or 50 and theoretical 20 year
date; 4) variable COLA (smaller of CPI or excess gains); and 5) 3-year BAC-DROP of 5-year
DROP.
Gainesville Police & Fire: 1) 3 year averaging; 2.5% multiplier; 2) 7.5% employee
contribution rate; 3) normal retirement at 50 & 10, “20 & out”; 4) 2% COLA beginning at age 62
with 20 years of service or 55 with 25 years of service; and 5) 5-year DROP at 25 years of
service.
Orlando Fire: 1) 3 year averaging; 3% multiplier for first 20 years, 4% thereafter; 2)
7.78% employee contribution rate; 3) normal retirement “20 & out”; 4) triennial 5% COLA
beginning 3 years post retirement; and 5) 5-year DROP.
Orlando Police: 1) 3 year averaging; 3.5% multiplier for first 20 years, 2% thereafter
subject to 80% cap; 2) 8.47% employee contribution rate; 3) normal retirement “20 & out”; 4)
2% COLA beginning at age 55; and 5) no DROP.
Mr. Metz said the cost of reducing the vesting time has not been determined.
Discussion ensued regarding benefits associated with other plans.
Mr. Roseto said discussions related to proposed pension plan changes are ongoing.
The PAC (Pension Advisory Committee) will make recommendations. The union process will
be required before any changes can be instituted.
Adjourn
The meeting adjourned at 3:17 p.m.
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