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03-16-2009 Police Pension Board of Trustees Minutes - Quarterly Meeting March 16, 2009 Page I of5 CITY OF EDGEW ATER POLICE OFFICERS' PENSION BOARD OF TRUSTEES QUARTERLY MEETING MINUTES Monday, March 16,2009 CALL TO ORDER! ROLL CALL/DETERMINATION OF A QUORUM The Edgewater Police Officers' Pension Board held its quarterly meeting on Monday, March 16,2009 in the City Hall Conference Room at the City of Edgewater, Florida. Members Present: Ferd Heeb Gary Conroy Dan Blazi Lawrence Leaf Jeanne DelNigro H. Lee Dehner Sheila Hutcheson Brad Heinrichs, Foster & Foster Mike Welker, The Bogdahn Group Donna Looney, Personnel Director Phil Niebieski, Police Officer Tracey Barlow, City Manager Lt. Jim Jollie, Chairman, Firefighters' Pension Board John McKinney, Finance Director Members Absent: Plan Attorney: Plan Administrator: Plan Actuary Consultants: City Staff: Chairman Blazi called the meeting to order at ] 0:59 a.m. Members indicated their presence; there was a quorum, with four members present. APPROVAL OF MINUTES - Quarterly Meeting, December 11,2008; Special Meeting, January 20, 2009 Member Heeb made a motion to approve the minutes of the December 11,2008 quarterly meeting and the January 20, 2009 special meeting; Member Conroy seconded the motion, which passed unanimously, upon a roll call vote. NEW BUSINESS Principal contract amendment (November 2008) for approval/execution Member Heeb asked about the varying fees and Mike Welker addressed this. He also asked where these fees were in relation to the past contract and Mr. Welker said they are a little high on bond markets, but apparently lower on other investments. Member Heeb made a motion to table this item until after the Attorney's review and to consider at a meeting with Principal in attendance; Member Leaf seconded the motion, which passed unanimously. Discussion/action: Review of Principal Plan Document provision for member contribution refund with reduced retirement benefit (related to retirement calculation issues) Actuary Brad Heinrichs provided information on this item. He said that the provision for a refund of contribution is written as if this plan was a private sector plan, rather than a government sector plan. Police Pension Board of Trustees Minutes - Quarterly Meeting March 16, 2009 Page 2 of 5 The current Plan Document allows a terminated, vested member to receive a refund of his /her member contribution and still be able to receive a retirement benefit (lifetime option only) at a lower amount. However, it does not allow this same option for a retiree who separates service simultaneous with retirement. Member Conroy commented that this option has been given to service retirees (Diana Floyd) and asked if the Plan Document should be amended to conform to the practice. Attorney Dehner's recommendation was to correct the error rather than changing the Document. Member Heeb asked about the impact of maintaining the current provisions, insofar as claims of estoppel are raised. Officer Phil Niebieski, recent DROP entrant, asked Attorney Dehner what recourse he has since he acted in reliance on being able to receive a lump sum refund of his contribution with a lower retirement benefit and Mr. Dehner discussed the process for making a claim. Member Heeb made a motion have the Actuary calculate the refund of contribution amount paid to Diana Floyd in error (the Board will then make demand for repayment and outline any recourse Ms. Floyd may have and also advise Principal of their error) and to send a letter to Officer Niebieski, as well; Member Conroy seconded the motion. Under discussion, it was noted that Attorney Dehner will prepare the letter to Diana Floyd after the calculation is prepared by the Actuary and will also prepare a letter to Phil Niebieski. The motion passed unanimously upon a roll call vote. Heart Act Operational Summary (principal) It was the consensus of the Board to table this item to a later meeting. Recommendation to City Council: reappointment of Trustee Ferd Heeb (current term ends on May 21, 2009) It was the consensus of the Board to recommend the reappointment of Member Heeb. REPORTS (ATTORNEY/CONSULTANTS) The Bogdahn Group - Mike Welker Mr. Welker opened by pointing out various information in the report distributed at the meeting: international stocks were down 43% last year; emerging markets down 53%; sell offs and movement to cash; and areas that were up due to government backing. He noted that the majority of the bond portfolio was in corporate bonds, which was not good (down 3.1 %). Last week was very positive, but through the month of February, the international stocks were down 17%. All stock indices were down, except for mortgage backed securities. Mr. Welker continued by discussing the asset allocation and the historical returns for the last ten years, noting the outperformance of bonds. This has happened only 32 out of 878 ten-year periods since 1926. He noted what has happened after the market has had a downturn this severe: the returns following the downturn are up by an average of + 10%. This means that now is the time to invest in stocks. Markets get irrational, but over the long term, it will get better and staying the course is the only way to recoup losses. Member Conroy asked about short sales for making money and Mr. Welker said there are positives out in the market. Continuing to comment on the asset allocation, he noted that Principal has gotten more defensive. The fund had $5.8million on December 31, 2008, with about half in stocks and half in fixed income. This will not achieve the 7.5% assumed return. Next, he noted the listing of different managers/styles: bonds at 53%; large cap at 26%; international stocks at 9%, and so on. His report continued with the performance for the quarter ending December 31, 2008: negative 14.33%. The index was down 8.10%, so the fund underperformed by 6+%. The portfolio was down 26% for the year (underperformed the index by 10%). The crux of the underperformance was Principal's fixed bond portfolio which was down 7+%; this was an underperformance of 12+% for one quarter. Member Police Pension Board of Trustees Minutes - Quarterly Meeting March ] 6, 2009 Page 3 of5 Heeb asked about our posItIOn relative to where Principal has the money and Mr. Welker said Principal's overweight in bonds is not good; overweight should be on the stock side. However, the allocation to TIP's is good. Member Heeb also asked about future prospects for the market and Mr. Welker said the market could go down further, but it might have bottomed out now. There were four positive days in the past week Mr. Heeb advised the Board that the plan's losses create great concern as to the City's ability to fund the plan. Chairman Blazi stated that he thinks Principal has done the fund a disservice and commented on corporate bonds being a good investment, which Mr. Welker agreed with. Brad Heinrichs, Foster & Foster (F&F), Actuary Presentation: 2008 valuation; updated benefit improvements cost study; and 13th check benefit discussion Brad Heinrichs opened by distributing a letter regarding the "projection method" allowed by the Division of Retirement. This will let the City know its contribution requirements for the current year (ending 9/30/09) and allows the City to contribute at the same rate as last year. There is no down side and adopting this method will provide the City some certainty in advance with regard to funding requirements. Finance Director John McKinney advised that the City projected 5% above last year's cost for budget purposes. Funding at the budgeted level would reduce future funding needs. In the past, the reports for funding would be sent to the City in July; with only two months remaining in the fiscal year in which the funding was required. This method would give a definitive figure earlier in the year. Member Conroy made a motion to adopt the projection method recommended by F&F; Chairman Blazi seconded the motion. Under discussion, Member Heeb said he would like to hear the rest of the presentation before voting. Chairman Blazi said this would benefit the City in terms of information being provided timely. Member Conroy asked for a vote. The motion passed by a vote of 3 to 1, with Member Heeb voting against the motion. Mr. Heinrichs distributed the 2008 Valuation and noted that the City's contribution as a percentage of payroll will increase substantially for the year ending 9/30/10. The Division of Retirement now says that the funding requirements must be expressed as a percentage of payroll, not a dollar figure; the only exception is with the State monies. If the State monies are less than expected, the City has to make up the shortfall. He reviewed the Valuation with regard to assumptions and the increase in contribution costs for the City. He pointed out that the assets have a market value of $6.8million as of 10/1108 and an actuarial value of $8,040,328 (due to smoothing). There are $1.2million of unrecognized losses in the fund. He next discussed the actuarial present value of accrued benefits; the plan has been in effect 1977 and if the plan were terminated, the liabilities would outstrip the assets by about $2.7 million (underfunded on a present value of accrued benefits basis). It is not abnormal to be underfunded and the plan is actuarially sound as long as the City continues to fund it as required. Member Heeb made a motion to approve the 2008 Valuation; Member Leaf seconded the motion. Under discussion, Member Conroy said he would prefer to table this item in order to have time to review the document. Chairman Blazi said the motion should proceed due to timing. The motion passed unanimously on a roll call vote. With regard to the benefit improvements (13th check and COLA's), Mr. Heinrichs distributed a study and commented that COLA's are very costly and the I3lh check is not a good idea. As to the share plan, there is nothing to share. A share plan would have no cost to implement, but until State monies exceed $222,000, there won't be anything to distribute. Chairman Blazi said he would like to go Police Pension Board of Trustees Minutes - Quarterly Meeting March 16, 2009 Page 4 of 5 ahead and enact the share plan, but it was agreed to defer this discussion to a special meeting next month which the Actuary will attend. The Board next discussed the declaration of returns; Mr. Welker said that the plan will not achieve a 7.5% return for the next year, but the fund should make this return for the next several years and over the long term (net of fees). Member Heeb made a motion to accept Mr. Welker's recommendation with respect to the declaration of returns; i.e., the plan will not achieve a 7.5% returnfor the next year, but the fund should make this return for the next several years and over the long term (net of fees); Member Conroy seconded the motion, which passed unanimously on a roll call vote. H. Lee Dehner, Attorney Information by Attorney regarding time frame/steps for severance from Principal for consideration of termination of contract with Principal Mr. Dehner opened by advising that the first step is the Actuary's calculation of the amount of money due upon termination and whether or not this was properly represented to the Board/City by Principal. With that information, the Attorney for Principal would be contacted and would be provided evidence of the misrepresentations that led to the Board signing the contract. In order to maximize the amount the Plan would receive from Principal, releases would be obtained from as many retirees as possible for their benefits to be paid by the new plan. This process takes about one year. Chairman Blazi said the Board wants this done as soon as possible. Mr. Heinrichs said that the contract states that Principal determines the amount of assets they get to keep to continue to pay retirees and they won't release the information as to how the amount is calculated. He therefore needs Principal to advise of this amount. He knows that the amount should be about $6.5 million to take care of the retirees. If Principal says it is more, then the City would have to fund the difference. Chairman Blazi asked if there were other ways the termination could be accomplished. Attorney Dehner said the process discussed is appropriate and it is not a good idea to proceed in a manner detrimental to the plan. Member Heeb recommended following the guidance/recommendation of the Attorney and Actuary in the termination process. Mr. Heeb said that Jack Ascherl always provided the benefit index number and noted that it is shown as $2.1 million on the latest document from Principal (as of 12/31/08). The Actuary stated that Principal would say the number is greater. Personnel Director Donna Looney pointed out that the benefit index doesn't apply to all retirees (only those before 1999). It will be necessary to know which retirees the $2.1 million covers; Mr. Heinrichs can check on this. Chairman Blazi reiterated that this process needs to be expedited and Mr. Heinrichs said he will prepare the calculations. Attorney Dehner continued by reporting that the bill which had been filed in past legislative sessions has been filed again with the State legislature. House Bill 5 (HB5) includes: · allowing up to 25% in foreign securities; · option of up to four-year terms for Board members; and · assignment of retiree insurance premium payments. He will report back at the next meeting on the outcome ofHB5. He advised the Board that the Division of Retirement will consider the input of the many attendees at the October public hearing on the proposed changes to Rule 60T before instituting any changes. Mr. Dehner also reported that State Actuary Charles Slavin is retiring this month and concluded with a reminder that all Board members must file their annual Financial Disclosure Forms by July 1. Police Pension Board of Trustees Minutes - Quarterly Meeting March 16, 2009 Page 5 of 5 Sheila Hutcheson, Plan Administrator - no separate report NEW BUSINESS/OLD BUSINESS - None PROCESSED DISBURSEMENTSIRETURN OF CONTRIBUTIONS and DEPOSITS · DISBURSEMENTS 1. Christiansen & Dehner, professional legal fees, December 3 I, 2008 - $1329.31; January 3 I, 2009 - $580.00 2. Sheila Hutcheson, plan administration fees, December, 2008 & January, February, 2009 - $2700.00 ($900/month); postage/mileage expense - $47.94 3. The Bogdahn Group, performance consultant fees, 4th quarter, 2008 - $2500.00 4. FPPT A membership dues, 2009 - $600.00 5. American Express (credit card statement) - $340.69; $898.75; $570.35 6. IRS qualification filing fee - $1000.00 7. Phil Niebieski, Commencement of DROP as of January 1,2009 Goint and 100% survivor option) · DEPOSITS None Due to time constraints, this item will be considered by the Board at the special meeting next month. The Administrator will coordinate the meeting which both the Actuary and Attorney will attend. STAFF REPORTS, DISCUSSION, and ACTIONITRUSTEES' REPORTS, DISCUSSION and ACTION - None REQUESTS FROM THE PUBLICIEMPLOYEES PRESENT Lt. Jim Jollie, Fire Pension Plan, has requested ajoint meeting of all boards - a workshop meeting for discussion of a game plan for the future, with no action taken. The Administrator will coordinate the meeting which both the Actuary and Attorney will attend. It was also mentioned that the City Clerk has asked for a meeting of all City Boards with the City Attorney. The Pension Attorney said he would like to review what is provided and if the meeting occurs, there would need to be brief summary minutes. ADJOURNMENT Member Conroy made a motion to adjourn the meeting; Member Heeb seconded the motion, which passed unanimously. The meeting was adjourned at 1:38 p.m. Respectfully Submitted: Approved: ~~ ~ /:J4_____ Dan Blazi ~ Chairman Sheila Hutcheson Plan Administrator