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HomeMy WebLinkAbout02-08-2006 Minutes Minutes of the Regular Meeting of the CITY OF OCOEE GENERAL EMPLOYEES PENSION BOARD Held on February 8, 2006 At 150 N. Lakeshore Drive Ocoee, FL 34761 AGENDA ITEM I. CALL TO ORDER – Chairman Swickerath A.Chairman Mary Anne Swickerath called the meeting to order at 10:04 a.m. in the Secretary Jean Grafton Commission Chambers in City Hall. She called on to call the roll. Present were Trustees Mary Anne Swickerath, Tom Hendrix, Russ Wagner, Terry Reed and Jean Grafton. All Trustees were present and it was declared that a quorum was present. Also present were H. Lee Dehner, Attorney; Jim Carnicella, Human Resources Director/Plan Administrator; Mike Sebesta, Money Manager, Trusco Capital Management; Larry Cole, Monitor, Merrill Lynch; Brad Heinrichs, Consulting Actuary, Foster & Foster; and Dianne Garcia, Relationship Manager, SunTrust. B.Approval of Minutes from Special Session dated January 18, 2006 Chairman Swickerath Trustee Wagner called for review of the Minutes as stated. asked if the minutes could be presented in more detail as he was use to getting the “almost verbatim” minutes Chairman Swickerath presented in the past. agreed that she would like to see more details as Trustee ReedSecretary Grafton well. said that he liked the new shorter version. stated she would also like the minutes to be in more detail than presented but not as much as the ones presented in the past. Plan Administrator Carnicella addressed the Board and explained why the minutes were presented this way as compared to the lengthy versions presented in the past. Plan Administrator Carnicella said he would work on it and get them somewhere in between. There on motion made by Trustee Grafton, seconded by being no additions or corrections, it was, Trustee Hendrix, unanimously RESOLVED that the Minutes of the Special Session of the Board of Trustees of the General Employees Pension Board of January 18, 2006, be and they are hereby approved. AGENDA ITEM II. NEW BUSINESS A.Money Manager’s Report – Michael Sebesta, Managing Director, Trusco Capital Mr. Sebesta spoke about the brokerage commission letter he sent out requesting an updated letter of direction for the commission recapture plan and asked Attorney Dehner to make modifications to the direction letter or if he would like to write his own letter. Attorney Dehner said the Board addressed it at the last meeting and had some objections to it. Mr. Sebesta then asked Attorney Dehner if he would draft a brief letter. Mr. Cole asked Mr. Sebesta what changed and stated that the letter should be brief and say “Best Execution”. Mr. Sebesta stated a lot has changed with regards to the regulatory environment so they added language that was appropriate. After further discussion Mr. Cole advised that he would send an updated letter to the Board to sign and General Employees Pension Board Quarterly Meeting, February 8, 2006 Page 2 of 8 forward the letter to Mr. Sebesta. Attorney Dehner asked Mr. Cole to send it to the Plan Administrator, Jim Carnicella. Mr. Sebesta went over documents (in the Trusco blue book – investment review for the quarter) that were handed out to the Board and advised that stocks had a good quarter, the market as a whole had a very good quarter, and that international continued to have a good quarter as well. Mr. Sebesta stated that a review of the bond market showed a flattening of the treasury yield curve due to the Federal Reserve raising short term interest rates and it indicates the economy may be slowing but he did not believe it would have a significant impact on the economic growth. He also went over the current strategy as far as the asset allocation target is concerned and said that Trusco has the ability to change the investment allocations within the broad parameters given to them. Mr. Sebesta talked about the asset allocation strategy. He referred to the investment policies being changed to allow for a maximum allocation to 20% for international with a target of 15%. Mr. Cole asked Mr. Sebesta if it would be close to the 15% and Mr. Sebesta said yes it would be close to 15%, adding more exposure in the international market as it is about 8% now. Mr. Sebesta went on to explain that corporate bonds have done very well over this period. Mr. Sebesta went over the historical market growth of the plan and said we were off to a good start for the new fiscal year. He also stated that after the 31 day period was up for the investment policy change that he would like to trim back the Large Cap and allocate it to International. Mr. Sebesta continued to go over the documents and asked if there were any comments. Mr. Carnicella asked what percent were relative to other funds as far as the benchmarks were concerned, to which Mr. Sebesta replied that it would be provided by the consultant, Larry Cole. Mr. Sebesta said concentrating on Large Cap Growth Portfolio should have a more positive outcome and asked if the Board had any comments. Trustee Wagner asked Mr. Sebesta if the Large Cap did much better in this quarter and if they are positioning it in the future to be more aggressive. Mr. Sebesta said not aggressive but are changing the historical characteristics of that profile. Trustee Wagner also asked about where they would be taking the money to improve the international position. Mr. Sebesta said he will be shifting it on a prorata basis from the Large Cap Growth Portfolio and the Large Cap Relive Value Portfolio to International. Chairman Swickerath asked the Board if there were any more questions, to which the Board replied none. B.Investment Consultant Report – Larry Cole, Merrill Lynch Mr. Cole went over the investment consultant reports that were handed out to the Board. Mr. Cole stated that the first 2006 fiscal year review showed $275,501 earnings and in 2 years the plan has grown from 9.7 to 12.4 million. Mr. Cole stated that the plan is growing and has made approximately 10% per year. The plan’s performance was up 2.3% (benchmark was up 1.7%) for the quarter. Mr. Cole said the plan is in the top 25% of its peers around the country and that Trusco did a good job keeping it safe in the down market but was not good in the up market. Mr. Cole continued going over the report in some detail and said there has been a surprisingly strong economy since 2001 and that the rates were up. Mr. Cole said that we are looking at around 3% or 4% out of bonds for the year. Mr. Carnicella asked if shifting to corporate or mortgage bonds would be more appropriate for right now and why not shift some of the Fixed Income Portfolio to internationals and emerging markets. Mr. Cole said he thinks we are restricted by Ordinance to 70% at market and that 30% in bonds is still pretty aggressive relative to most plans. Mr. Cole stated the funds ranking for last year was below average and that the Core Growth was the main problem. Mr. Cole continued to go over the report. General Employees Pension Board Quarterly Meeting, February 8, 2006 Page 3 of 8 Mr. Cole stated that on March 6, 2006 there will be a Special Meeting at 8:00 a.m. for the Police & Fire Board and suggested a joint meeting to discuss where we are and the alternatives. Mr. th Carnicella suggested the Board attend the March 6 Special Meeting of the Police & Fire Pension Board and to allow Mr. Larry Cole to bring alternatives to the Board. Chairman th Swickerath asked the Board’s pleasure concerning a joint meeting on March 6. Trustee Wagner asked how this joint meeting would work. Attorney Dehner said if the Board took any action it would have to be a separate board action. Trustee Hendrix asked about bringing other managers to the joint meeting to address the Boards. Attorney Dehner said he wouldn’t recommend bringing other managers to that meeting but the Board could discuss alternatives at that time. Trustee Wagner asked about pulling out some of the funds and if that would affect Trusco’s fees. Dianne Garcia said that if some funds were pulled out of Trusco it wouldn’t necessarily change the fees but went on to explain how it could change the relationship. Chairman Swickerath stated the Board will be attending the special meeting. Attorney Dehner asked Mr. Cole to get updated numbers, to which Mr. Cole replied that he would at least have ones for Trusco and possibly others for the meeting and asked Mr. Carnicella to make sure the Board gets the large document. Attorney Dehner asked about getting an update on the SEC letter from Mr. Cole. In reference to the minutes of the January 18, 2006 Board Meeting, Mr. Cole wanted to clarify that they were part of the investigation but they don’t “Pay to Play”. Secretary Grafton asked Attorney Dehner if the minutes should be amended, to which Attorney Dehner said it was not necessary to amend the Minutes of the January 18, 2006 Board Meeting but that it should be reflected in the minutes for this Meeting though. Mr. Cole said they were subpoenaed to provide information and that Merrill Lynch did an internal audit as well but recommended no changes and that a third party review was also done and no changes were necessary to make in the way they do business. C.Actuary Report and Discussion of Letter (dated January 16, 2006) – Ward Foster, Foster & Foster Mr. Heinrichs with Foster & Foster stated that the Board had asked them to review things to make improvements to the plan. He reported that for the 30 and out provision to retire with unreduced benefits no matter what age would cost the City approximately $167,000. He also reported that to increase the multiplier from 2.5% to 3% was more expensive and the cost would be approximately $271,000 and does not include the 30 and out provision. Mr. Heinrichs also stated that if the membership contribution increased from 7.4% to 8% of pay, the City’s contribution went down approximately $36,000, and if both the 30 and out and the multiplier was increased it would cost more than the two combined. He would have to go back and get the th figures together. Mr. Heinrichs also talked about the 13 check and said that good investment returns would be used to fund this benefit that the idea doesn’t cost any money; however when the Board makes that improvement the spending money for the plan will be less. Mr. Carnicella spoke about the 30 and out only affecting four employees now and possibly doing it as a one time early retirement window for these employees and that it would be about six years before any others would reach 30 years. Mr. Carnicella also stated that the City Manager may find a way to fund the cost of this for the four employees that it will affect. Mr. Carnicella spoke about changing the multiplier but did not want to increase the employee’s contribution. Mr. Carnicella asked when this would impact the budget if the Board approved this and Attorney Dehner stated it would be next fiscal year. Attorney Dehner said the City would have to recommend to the General Employees Pension Board Quarterly Meeting, February 8, 2006 Page 4 of 8 Board to do the 30 and out for these four employees now. Chairman Swickerath asked if someone did the review comparing our plan benefits to others, to which Mr. Carnicella replied that most are higher than ours and some are still under FRS and that multiplier is 1.8% but there is no contribution from employees so it is hard to compare apples to apples. Mr. Carnicella stated that most large jurisdictions are at 3% or higher and that the smaller ones are around 2½%. Mr. Carnicella asked the Board to consider increasing the multiplier because we are competing with the larger jurisdictions like Orange County and Orlando. Mr. Carnicella said that on a whole our plan compares to other smaller ones. Mr. Carnicella also spoke about keeping the City’s percent the same and not changing it when it was less and Attorney Dehner said it is being done with other plans. Mr. Heinrichs spoke briefly about it and what they use as assumptions in figuring the cost. Mr. Carnicella asked the Board to consider the 30 and out window and having the City look into possibly funding the 3% multiplier. Secretary Grafton asked about the 30 and out window and how it will work for the ones it affects now. Trustee Wagner also had questions regarding this issue. Attorney Dehner said that Foster & Foster would estimate the cost for this. on motion duly made by Trustee Wagner, seconded by Following further discussion, it was, Secretary Grafton, unanimously RESOLVED, that Foster & Foster, Inc. is and they are hereby directed to estimate the cost for funding the 30 and out window. Mr. Carnicella stated he would talk to the four employees this affects before going further. Attorney Dehner asked the Board if that is what they wanted him to do. Trustee Wagner wanted to make sure there would be no impact to the fund. Attorney Dehner said that would have to be determined. on motion duly made by Secretary Grafton, seconded by Following further discussion, it was, Trustee Wagner, unanimously RESOLVED to increase the multiplier to 3% and to have the City look into how it would be funded. Secretary Grafton asked about the assumptions being changed. Mr. Heinrichs stated that they could look at the assumptions over the past but that these are for going forward. Attorney Dehner asked Mr. Sebesta some questions about the report and asked that he take a look at the assumptions and do an analysis and to come back with a revised evaluation. Attorney Dehner th looked in his file and stated that the report was accepted at the November 9 meeting. Mr. Carnicella asked about the increase of the multiplier to 3% being done for the 30 and out and making it retroactive. Attorney Dehner said the Board could do both and directed Mr. Heinrichs to figure it both ways but Attorney Dehner stated that they would not want to make this retroactive back for anyone who already retired. Attorney Dehner said that it wouldn’t be appropriate to do the 30 and out for these four employees and then retroactively do the 3% multiplier to include only them as there would need to be a rationale for coming up with a date on how far to go back to. General Employees Pension Board Quarterly Meeting, February 8, 2006 Page 5 of 8 D.Resolution adopting signature for Plan Administrator – Jean Grafton, Secretary Diane Garcia spoke about the details concerning signatures and said she will be sending the Board the authorized signer form to proceed with this. on motion duly made by Secretary Grafton, seconded by Following further discussion, it was, Trustee Hendrix, unanimously RESOLVED to adopt the resolution authorizing signatures as signed by all Trustees and Jim Carnicella as Plan Administrator. Attorney Dehner stated he had another item under new business and that was to have Mr. Carnicella be appointed Records Management Liaison Officer (RMLO) to the Board. on motion duly made by Secretary Grafton, seconded by Following further discussion, it was, Trustee Hendrix, unanimously RESOLVED to appoint Mr. Carnicella Records Management Liaison Officer. AGENDA ITEM III. OLD BUSINESS A.Review/Approval of Revised Documents – H. Lee Dehner, Esq. 1.Operating Rules and Procedures Attorney Dehner explained that, as some of the issues had already been discussed and those had been incorporated into the document, he had provided draft copies of the Operating Rules and Procedures from his file so that all board members would be working from the same document. In the ensuing discussion several phrases were brought up for clarification, but few changes were made. Secretary Grafton brought up page 3, number 1.9 and asked if there was a penalty involved concerning the trustees not attending a seminar or conference. Attorney Dehner said it is per the state statute but that there was no penalty though, just that it was understood since the statute reflects it. Secretary Grafton brought up page 4, number 2.1 concerning calling special meetings by majority. Attorney Dehner said Mr. Carnicella could call the Board individually and ask about a meeting but no discussion. Secretary Grafton moved on to page 5, number 2.4, concerning appearances being scheduled through the Secretary. Attorney Dehner stated the Board could make it the Plan Administrator. Secretary Grafton moved on to page 6, number 2.5, concerning the mention of medical records and stated that it wasn’t needed since disability is not included in our pension plan. Attorney Dehner explained that it was an accurate statement according to the statute and the Board could take it out but may have some need for it in the future. Secretary Grafton continued with page 6, moving on to number 2.7, concerning mention of a committee and questioned if it would be the Plan Administrator. Attorney Dehner stated there was not a need to change it. Secretary Grafton moved on to page 9, number 4, concerning the mention of one signature as she stated they have always had two. Attorney Dehner stated that the Plan Administrator’s duties would be added to the Operating Rules and Procedures. Secretary Grafton continued with page 9, moving on to number 5, concerning the part where it says the Board shall review and approve the quarterly report and suggested it say something General Employees Pension Board Quarterly Meeting, February 8, 2006 Page 6 of 8 simpler. Secretary Grafton also stated that the Board has not approved them in the past and that the Plan Administrator will start doing the report and will be bringing the report to the next meeting and that the Administrator will do quarterly reports on retirements and terminations which occurred during that quarter. Secretary Grafton moved on to page 10, under B, number 6, where it talks about payment and she stated that this also needs to say the Plan Administrator will report quarterly, in the same manner as stated above. Secretary Grafton continued with page 10, moving to C, concerning pension payments and asked to delete the reference to in-the-line- of-duty disability benefits, as it doesn’t apply. Secretary Grafton moved on to page 11, under B, concerning if the Board designates someone, would they be covered too and asked if under number 6.1 concerning insurance if the City is paying for it. Mr. Carnicella answered yes. Attorney Dehner asked for a copy. Secretary Grafton moved on to page 18, number 10.12, and asked to remove the comma between City and Commission and put a period at the end of the sentence. Chairman Swickerath also asked to take out the s on trustee under 1.4. Secretary Grafton moved on to page 25, under N, and asked to take out the reference to disability. Secretary Grafton then moved on to page 27 and asked that where ever it refers to Police Officer it be changed to General Employee. As that completed the review and there were no further on motion duly made by Secretary Grafton, seconded by Trustee Reed, issues raised, it was, unanimously RESOLVED that the Operating Rules and Procedures of the General Employees’ Pension, be and they are hereby approved as amended. 2.Summary Plan Description Attorney Dehner stated that under the first paragraph of the cover letter the words “or event of disability” would be taken out. Secretary Grafton stated that she found the portion located in E.1.a. on page 1 concerning normal and early retirement to be confusing. Attorney Dehner said it may appear to be misleading but that the 10 years (120 payments) were guaranteed; however, there are other options; e.g. an actuarially calculated amount that would be slightly larger monthly for the retiree’s lifetime only instead of the 10 years guaranteed. Secretary Grafton said she found (on page 2 under b.) to be confusing as well as it provides for the amount received by the retiree to be reduced upon the death of the joint annuitant, and she was sure our retirees would not wish that to happen. Attorney Dehner responded that the Plan is written that way, but this Board could direct the actuary to calculate the benefits so that the retiree’s amount would not be reduced in the event of the joint annuitant’s death. In moving forward with the review, Secretary Grafton noted that, on page 3, under d., the reference to disability should be removed. Then on page 4, under c., she asked for an example of how the Board would make a decision regarding a beneficiary’s options. Attorney Dehner explained that if the Board deemed it to be in the best interest of the Fund (generally if it were a small amount) rather than just continue the payments, the Board would elect to make a lump sum payment and be done with it. Then again on page 4, under G.1., she asked why someone would leave their money in the Fund when leaving the City. Attorney Dehner responded that would be in case they returned to employment with the City again within five years and that would count toward their vesting when they returned. There were a few more questions for clarification of the Plan’s details, but no more changes were noted. Attorney Dehner said that the actuarial study should be attached to this document as soon as the changes are made and it should be distributed to all employees and new hires. General Employees Pension Board Quarterly Meeting, February 8, 2006 Page 7 of 8 On a motion duly made by Secretary Grafton and seconded by Trustee Hendrix, it was unanimously RESOLVED that the Summary Plan Description of the General Employees’ Retirement Trust Fund be and it is hereby approved as amended. B.Money Manager to Explain Brokerage Commission’s Letter of December 15, 2005 This was addressed earlier in the meeting. Please see page 3 of these Minutes . C.Discuss Merrill Lynch Recommendations to Move Large Cap Funds This was addressed earlier in the meeting. Please see page 3 of these Minutes. AGENDA ITEM IV. OTHER BUSINESS A. Payment of Invoices Trustee/Secretary Grafton reported the following: Bills paid: December 2005 – CPPT Certification classes for Jim Carnicella $750.00 January 2006 – West Orange Secretarial Services $487.50 Christiansen & Dehner $1,433.83 B. Reports and Correspondence – Jean Grafton, Trustee/Secretary Employees retired: Rod Winfrey, Utility Inspector, was employed May 22, 1996 and resigned on September 23, 2005. Upon seeing the figures for normal retirement vs. early retirement, he chose early retirement with 120 months guaranteed with $621.95 monthly. Sally Whitford, Communications Operator, was employed April 24, 1997 and retired December 30, 2005. She chose the option for her lifetime only in the amount of $670.56 monthly. James Phelps, Building Official, was employed May 23, 2003 and retired June 2, 2005. He chose the option for his lifetime only in the amount of $313.17 monthly. Secretary Grafton said the report on those General Employees who had left the employ of the city without recovering their contributions to the Plan was almost complete and she expected to have it included in the next meeting packet. The Board accepted these reports without further action or direction . General Employees Pension Board Quarterly Meeting, February 8, 2006 Page 8 of 8 AGENDA ITEM V. ATTORNEY COMMENTS – H. Lee Dehner, Esq. Attorney Dehner advised that, as discussed in earlier meetings, he has prepared an ordinance eliminating the mandatory distributions from the Plan distributions over $1,000 and also incorporated the new minimum distributions. He asked if the Board wished to see the ordinance or if it preferred for him to send the ordinance directly to the city commission for consideration. On motion duly made by Secretary Grafton, seconded by Trustee Wagner, it was unanimously RESOLVED, that Attorney Dehner is hereby directed to send the ordinance eliminating the mandatory distributions from the Plan distributions over $1,000 and also incorporating the new minimum distributions directly to the Ocoee City Commission for consideration and to send a copy to the Trustees. AGENDA ITEM VI. PLAN ADMNISTRATOR COMMENTS Mr. Carnicella introduced Mr. Phil Roberts with Morgan Stanley and gave him an opportunity to address the Board briefly. Mr. Carnicella reported that the ordinance designating the City Manager, Assistant City Manager and Department Directors as employees eligible (but not required as a condition of employment) to participate in the General Employees’ Retirement Trust Fund went before the City Commission last night and was approved on second reading. Attorney Dehner advised he had anticipated this and it was included in the Summary Plan Description just adopted. AGENDA ITEM VI. COMMENTS FROM TRUSTEES No comments. AGENDA ITEM VII. SET AGENDA FOR NEXT MEETING Not addressed. AGENDA ITEM VIII. ADJOURN There being no other business, the meeting was adjourned at 1:07 p.m. Respectfully submitted by Approved by: Debbie Bertling ______________________________ HR Analyst Mary Anne Swickerath, Chair