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06-11-2012 Police Pension Board of Trustees Minutes-Quarterly Meeting June 11,2012 Page 1 of 3 CITY OF EDGEWATER POLICE OFFICERS'PENSION BOARD OF TRUSTEES QUARTERLY MEETING MINUTES Monday,June 11,2012 CALL TO ORDER/ROLL CALL/DETERMINATION OF A QUORUM The Edgewater Police Officers' Pension Board held its quarterly meeting on Monday, June 11, 2012 in the City Hall Conference Room at the City of Edgewater,Florida. Members Present: Vincent McCauley Lawrence Leaf Ferd Heeb Members Absent: David Arcieri John Tarr Plan Attorney: H. Lee Dehner Plan Administrator: Sheila Hutcheson Consultant: Jack Evatt, The Bogdahn Group Plan Retiree: Gary Conroy Acting Chairman Heeb called the meeting to order at 1:33 p.m. There was a quorum with three members present. Election of Officers This item was deferred until all Trustees are present. APPROVAL OF MINUTES -Quarterly Meeting- March 19,2012 Member McCauley made a motion to approve the minutes of the March 19, 2011 quarterly meeting; Member Leaf seconded the motion, which passed unanimously. NEW BUSINESS Consideration of Rules Manual This item was deferred until all Trustees are present and will be on the September agenda. Administrative Budget Report The Administrator had provided in the agenda package the report of expenses through those included on this agenda, as the Board had requested at the meeting. This report is for information only and requires no action. Designation of primary security administrator for online access to Principal account Former Trustee Gary Conroy previously had this designation and this needs to be changed. The Administrator suggested that a staff member be designated. Police Pension Board of Trustees Minutes-Quarterly Meeting June 11,2012 Page 2 of 3 Member McCauley made a motion to designate Personnel Director Donna Cooley as the primary security administrator for access to the Principal account and Personnel Administrator Julie Christine as the secondary security administrator; Member Leaf seconded the motion, which passed unanimously. OLD BUSINESS-None REPORTS(ATTORNEY/CONSULTANTS) The Bogdahn Group,Performance Consultant-Quarterly report-March 31, 2012 Jack Evatt opened by noting that the performance was strong for the quarter, as outlined in the report he distributed to the Board. He then discussed the performance for the quarter: 8.26% and 14.82% for the fiscal year to date, both of which out-performed the index. The fund's assets were $8,067,250 as of March 31, 2012, compared to $7,561,734 as of December 31, 2011. Although the returns have declined since the end of the quarter,the return for the fiscal year is still about 10%. There was discussion among the Board, Attorney, and Consultant as to the assumed rate of return and the pros and cons of the 7.5%return. H.Lee Dehner,Plan Attorney Mr. Dehner opened his report by advising that birth dates of Plan members are considered confidential information as of July 1, 2012. There was not any pension legislation that was enacted except for a provision (11B401, effective as of July 1, 2012) regarding a retiree who is married at the time of retirement and subsequently divorces and then remarries. Currently, if the retiree doesn't make a change in the beneficiary, in the case of the retiree's death,the benefit would be paid to the ex-spouse. The new provision states that if the retiree dies and has an ex-spouse as the beneficiary and the retiree didn't specifically state in writing his/her decision to still provide the benefit to the ex-spouse, the payment would not be paid to that person, who is deemed to be dead. The Attorney said he believes this law will be challenged on constitutional grounds, but it will have to be followed for now. The report concluded with a reminder that Financial Disclosure Forms are due on July 1, 2012. All Trustees said they have filed their annual forms. The Administrator will check the Florida Commission on Ethics' website to confirm receipt of their forms. The Administrator will send Form 1 to former Trustee Gary Conroy and Forms 1 and 1F to former Trustee Chad Anderson to file. Status Report-Issues with Principal Attorney Dehner summarized relevant information for the Board regarding the issues with Principal and the status of settlement negotiations in this regard. He will keep the Board apprised of the status of negotiations. Member McCauley made a motion to authorize proceeding with a settlement agreement/general release, in accordance with discussions among Attorneys Dehner, Wolfe, and Riggs; Member Leaf seconded the motion, which passed unanimously. Police Pension Board of Trustees Minutes-Quarterly Meeting June 11,2012 Page 3 of 3 Sheila Hutcheson,Plan Administrator Determination of Plan's funding basis for Valuation: fixed dollar amount or percentage of payroll Ms. Hutcheson distributed a memorandum from the Division of Retirement and Foster & Foster (F&F) in this regard. The Board may wish to defer this item until the next meeting when Foster & Foster issues a report in this regard. The Board's consensus was to wait until the September meeting. The.Board asked that the Administrator send F & F's report to the City Manager for the City's input when action is taken at the September meeting. RATIFICATION of PROCESSED DISBURSEMENTS/RETURN OF CONTRIBUTIONS and DEPOSITS • DISBURSEMENTS 1. Christiansen&Dehner, professional legal fees- $203.95; $1,418.05; $202.80 2. Sheila Hutcheson, plan administration fees - $4,500.00 ($1500/month); mileage expense- $17.54 3. The Bogdahn Group,performance consultant fees, 1st quarter,2012 -$3,625.00 4. Tom Kaye, refund of after-tax member contribution (non-vested former member) -$6,735.47 5. Phil Niebieski, commencement of retirement as of April 1, 2012 (joint and 100% survivor option)and distribution of DROP account 6. Foster&Foster,actuarial services-$545.00 DEPOSITS-none Member McCauley made a motion to approve the processed disbursements/return of contributions and deposits;Member Leaf seconded the motion, which passed unanimously, upon a roll call vote. STAFF REPORTS,DISCUSSION,and ACTION/TRUSTEES' REPORTS,DISCUSSION and ACTION; REQUESTS FROM THE PUBLIC/EMPLOYEES PRESENT-none. ADJOURNMENT There was no further business, and the Chairman adjourned the meeting at 2:38 p.m. Respectfully Submitted: Approved: Sheila Hutcheson airman Plan Administrator