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09-15-2008 (J Q o , Police Pension Board of Trustees Minutes - Quarterly Meeting September 15, 2008 Page 1 of 5 CITY OF EDGEWATER POLICE OFFICERS' PENSION BOARD OF TRUSTEES QUARTERLY MEETING MINUTES Monday, September 15,2008 CALL TO ORDER! ROLL CALL/DETERMINATION OF A QUORUM The Edgewater Police Oflicers' Pension Board held its quarterly meeting on Monday, September 15, 2008 in the Conference Room at Edgewater City Hall, 104 N. Riverside Drive, Edgewater, Florida. Members Present: Ferd Heeb Gary Conroy Dan Blazi Lawrence Leaf Jeanne DelNigro None H. Lee Dehner Sheila Hutcheson Lisa Spanraft, CF A, The Bogdahn Group Brad Heinrichs, Foster & Foster Donna Looney, Personnel Director Tracey Barlow, City Manager William Bennett, Police Chief Dave Arcieri, Police Department Members Absent: Plan Attorney: Plan Administrator: Consultants: City Staff: Chairman Blazi called the meeting to order at 11 :32 a.m. Members indicated their presence; there was a quorum, with all members present. APPROVAL OF MINUTES - Quarterly Meeting - June 23, 2008 Member Heeb made a motion to approve the minutes of the June 23, 2008 quarterly meeting; Member Leaf seconded the motion, which passed unanimously, upon a roll call vote. REPORTS (ATTORNEY/CONSULTANTS) The Bogdahn Group - Lisa Spanraft Ms. Spanraft opened by noting that the second quarter opened better than the first quarter, but then took a downturn. She reported that even the fixed income investments were negative for the quarter and growth stocks outperformed value stocks. There is now officially a bear market (a loss of 20% from the stock market's highest point) in the second quarter. Bear markets don't typically last long. Ms. Spanraft continued with the following statistics for the quarter/fiscal year: total portfolio performance: large cap growth stocks: fiscal year to date: negative 0.7%, which was better than many plans; +0.9%; negative 6.57% return. (.) o Q Police Pension Board of Trustees Minutes - Quarterly Meeting September 15,2008 Page 2 of 5 Based on the fiscal year to date negative return, it is highly unlikely that the market will have a resurgence that would result in the returns for the year reaching the plan's 8% actuarial assumption. Chairman Blazi. asked about changes for investments going forward and Ms. Spanraft responded that Principal has added mid cap stocks recently, which was a good strategic move by Principal. She concluded her report by advising that the asset allocation is within the policy guidelines. Foster & Foster (F&F) - Contract for actuarial services (Brad Heinrichs) Mr. Heinrichs opened his report by stating that he has already reviewed the valuation report from Principal to ensure that it is accurate and valid and that his calculations matched with Principal within 1 %. He has also worked on buy-back calculations and cost studies, as authorized by the Board, and has made significant progress on these tasks. Member DelNigro asked about the buy-back calculation differential between F&F's and Principal's calculation for Chief Bennett and Mr. Heinrichs explained this process. He continued by addressing the contract with Foster & Foster, specifically, the contingency fee that F &F had proposed. He explained the reason for the provision, outlining the fact that Principal's position is that when a contract is terminated, Principal retains a specified amount of money to guarantee the pensions of retirees (benefit index). In another case of termination with Principal, Mr. Heinrichs disagreed with the amount of money that Principal would retain; in the case of the Police Plan, the difference in his figures versus those of Principal is $1.3million. Recently, F&F and Attorney Dehner were successful in negotiating with Principal to relinquish some additional assets to another agency that terminated their contract, subject to some stipulations. Based upon this issue, the contract proposal included a contingency fee of 5% of the increased return of monies. If F &F would be unsuccessful in this effort, the firm would be paid only its hourly rate. Member Heeb pointed out that this is a bonus arrangement, not a contingency fee and asked how strongly F&F is committed to this approach. Discussion followed regarding negotiation of this structure, with Member Heeb saying the hourly rate should then be reduced accordingly. Mr. Heinrichs said he would have to review this with his firm. The discussion continued with Member Conroy pointing out that the benefit index had reduced on a later document from Principal. He also said that when the contract with Principal was signed in 1997, there was no discussion that there was a penalty for terminating the contract. Member Heeb asked about how to resolve the difference in the benefit index and Mr. Heinrichs said that Principal won't disclose their method for this calculation. Chairman Blazi asked Attorney Dehner for his input on the tee structure proposed by F &F, and the Attorney said it is up to the Board to decide if it is reasonable. The Board then discussed counter-proposals, including just an hourly rate or, alternatively, only a contingency arrangement. City Manager Tracey Barlow commented on statutory limitations on bonuses and whether this limitation applied to the Pension Board's action (the Attorney said it did not.). Mr. Heinrichs then stated that he would agree to a contingency fee of 5% of the first $1 million excess recovered and 2% of any excess amount recovered above $1 million. Chairman Blazi expressed concerns that F&F has worked in this regard previously without a contingency fee and the proposal troubled him. Therefore, he proposed that the Board not pay until the successful resolution of the termination from Principal and then pay the contingency fee, with a cap. '-> Police Pension Board of Trustees Minutes - Quarterly Meeting September 15, 2008 Page 3 of 5 Member Conroy made a motion to pay afee of5% ofthejirst $Jmillion recovered and 2% of any amount recovered in excess of$Jmillion, with the totalfeefor this negotiation (no hourly fee applies to this), capped at $60000; Member DelNigro seconded the motion, which passed unanimously on a roll call vote. Mr. Heinrichs advised the Board that he would notify Attorney Dehner within a week if F&F agrees to this proposal. Mr. Heinrichs concluded his report by confirming that F&F will be preparing the 2007 Valuation, instead of Principal. Member Heeb made a motion to terminate actuarial services with Principal, contingent upon execution of the contract for actuarial services with Foster & Foster; lvfember Leaf seconded the motion, which passed unanimously on a roll call vote. H. Lee Dehner, Attorney Q Mr. Dehner opened his report by advising that his firm is working on a bill to be filed in the next legislative session to allow investments over 10% in foreign securities, four-year Board member terms, and expansion of the $3000/year tax exemption for retiree health insurance premiums. He continued by noting that the pension plan needs to be amended for compliance with the Pension Protection Act of 2006 and a letter should be sent to Principal in this regard. The Plan Administrator will prepare the letter for the Chairman's signature and she will also forward the information on 415 testing to Principal. He also stated that the Board may later decide to file with the IRS for a favorable determination letter for the plan; even though this is not currently required, it may be wise to do so in order to ensure that the plan maintains it tax qualified status. The IRS has not paid much attention to public pension plans, but in the past few years the IRS has said this will change. Member Heeb recommended that the plan should file for a favorable determination letter in the near future. Attorney Dehner continued his report by summarizing the rules (Rule 60T) proposed by Actuary Charles Slavin, Division of Retirement, noting that the rules would increase funding costs and administrative costs for Florida public pension plans. The proposed rules are opposed by actuaries, pension attorneys, labor unions, and The Florida League of Cities. The public hearing on the proposed rules was supposed to have been held in conjunction with the Police/Fire Conference that was recently cancelled due to inclement weather and has not yet been rescheduled. Member Conroy asked the Attorney if volunteer (reserve) police officer service and national guard service could be bought back under F.S. 185, and the Attorney said that volunteer service is not permitted, but service in the national guard can be purchased, if it was while on active duty. Unlike, F.S. 185, F.S.175 does allow the buy back of volunteer service as a firefighter. o Member Heeb asked about an Investment Policy Statement (IPS); Ms. Spanraft, Bogdahn Consulting, advised that an IPS will be prepared at the time that the separation from Principal is completed and the monies are moved to the managers hired by the Board. u '-.) u t i Police Pension Board of Trustees Minutes - Quarterly Meeting September 15,2008 Page 4 of 5 Sheila Hutcheson, Plan Administrator . Confirmation of Board Officers lvfember Heeb made a motion to confirm the current officers: Dan Blazi, Chairman Gary Conroy, Secretary Member DelNigro seconded the motion, which passed unanimously on a roll call vote. . Jeanne DelNigro - reappointment by City Council Ms. Hutcheson advised the Board that she had contacted the City Clerk who requested that the Board indicate their support for Ms. DelNigro's reappointment for another two-year ternl from October 2008 - October 2010. The Board concurred and Ms. Hutcheson said she would submit the request to the City Clerk for consideration by the City Council. . Designate Board liaison (requested by City Clerk) The Chairman will serve as the Board liaison. . 415 compliance - Memorandum from Attorney Dehner The Attorney had sent information in this regard to Ms. Hutcheson and he recommended, as noted above in his report, that she forward it to Principal since they are still providing actuarial services at this time. · Amendment to Plan Document (Principal) - Lump Sum Benefits The Administrator reported that Ms. Tonya Niday, Principal, asked that the amendment to the Plan Document regarding lump sum benefits be executed. Actuary Brad Heinrichs recommended that the Board request usage of the 1994 Group Annuity Reserve Mortality Rate. Member Heeb made a motion to approve execution oj the amendment specifying usage oj the 1994 Group Annuity Reserve Mortality Rate; Member Conroy seconded the motion, which passed unanimously on a roll call vote. NEW BUSINESS The Police/Fire Conference has been rescheduled to December 1 - December 3,2008 and all members were encouraged to attend, if possible (at the Radisson Hotel in Kissimmee). OLD BUSINESS None u u u . I i Police Pension Board of Trustees Minutes - Quarterly Meeting September 15,2008 Page 5 of5 DISBURSEMENTSIRETURN OF CONTRIBUTIONS and DEPOSITS · DISBURSEMENTS J. Christiansen & Dehner, professional legal fees, May 31, 2008 invoice - $1699.23; June 30, 2008 invoice - $1895.00; July 31, 2008 invoice - $1437.02 2. Sheila Hutcheson, plan administration fees, June 23 - 30, 2008 - $240.00; July and August, 2008 - $1800.00 ($900/month); postage - $4.80 3. The Bogdahn Group, performance consultant fees, 2nd quarter, 2008 - $2500.00 4. Florida Municipal Insurance Trust, fiduciary liability insurance premium - $2744.17 . DEPOSITS None Member Heeb made a motion to approve the disbursements/return of contributions and deposits; Member Conroy seconded the motion, which passed unanimously, upon a roll call vote. ST AFF REPORTS, DISCUSSION, and ACTION None TRUSTEES' REPORTS, DISCUSSION and ACTION None REQUESTS FROM THE PUBLICIEMPLOYEES PRESENT None ADJOURNMENT Member Heeb made a motion to adjourn the meeting; Member Conroy seconded the motion, which passed unanimously. The meeting was adjourned atl:00 p.m. Respectfully Submitted: Approved: ~L~. Sheila Hutcheson Plan Administrator z:;: ~ Dan B~i Chairman