HomeMy WebLinkAbout1998 01 13 Board of Trustees Regular Minutes
MINUTES
BOARD OF TRUSTEES - PENSION PLAN
JANUARY 13, 1998 - SPECIAL MEETING
1. CALL TO ORDER
The Board of Trustees - Pension Plan Special Meeting was called to order Tuesday,
January 13, 1998 at 7:40 p.m. in the Municipal Building (City Hall, 1126 East State Road
434, Winter Springs, Florida 32708).
2. ROLL CALL
Jim Ryan, Vice Chairman, arrived at 7:51 p.m.
Larry Nadrowski, present
Robert Nippes, present
Vernon Rozelle, present
Ron Warble, absent
ALSO PRESENT
Ronald W. McLemore, City Manager
John Drago, Administrative Assistant
Rick Burke, Attorney
Tom Lang, Attorney
3. REVIEW OF THE NEW CITY PENSION PLAN
The meeting was called to order by Robert Nippes. John Drago explained that Attorney
Rick Burke (the Attorney that prepared the documents) was in attendance tonight to assist
in reviewing the documents. Mr. Drago also stated that tonight's meeting was to assess
the changes (red-lines) recently made to the documents. Also, a summary of the proposed
pension plan design features and a comparison between the current plan and the proposed
plan was provided to those in attendance.
Board Member Larry Nadrowski asked to speak on the record with some comments. He
stated "I've been talking to you (John Drago) on and off and you know...I asked you a
number of questions last time. The last time really was a...a disability meeting, but still I
tried to get some information. And, you know I'm kind of a Johnny-corne-lately, but, I've
talked to at least one other person on this Board, and my impression is that... they didn't
understand... the real difference between a defined benefit and a defined contribution plan,
and so I guess I'd just like to get some... things out on the table. You know, you'all still do
what you're going to do, and...at the risk of incurring your ire, and...I'd wish that you'd
just bear with me for like fifteen minutes, ok.. . allow me to say what I think I see here, ok".
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Mr. Nadrowski continued..."As I said last week, the private sector is running away from
defined benefit plans...as fast as they can run. They've gone from defined benefit plans to
defined contributions plans to 401K Plans to you don't get any money unless you put some
money in yourself Here, I see a city, that is trying to do both, and offering the
employee...we'll give you both, and you pick whichever one you want. I think that leaves
a lot ofnumbers...you know, up in the air. Kind of like what you said a minute ago...you
know, there's a lot of uncertainty, in a defined benefit plan, and that's why private industry
is running away from it...one of the reasons why. I asked why is the City doing this? And
the answers I got was... the City is doing this because, they want to be competitive, with
other cities. But, I'm not sure I heard from anybody...what other plans, other cities have.
Specifically, but do they have the defined benefit plans, and how many have them, and
how is that hurting our ability to employ people. I understand.. .my concern is with the
defined benefit portion...ok...so, for example, as you said earlier, it's all based on a bunch
of assumptions by the Actuary. So, if the Actuary, makes a mistake of any sort, in the
wrong direction, the City is on the hook for more money".
Mr. Drago commented "No, they make a mistake in the...they make more money than the
Actuary assumes... ". Mr. Nadrowski elaborated "In the negative...if they make a mistake
on the negative side, in anyone of many, many, many assumptions, the City has to come
up with the money. If the investments under perform, the City has to come up with the
money. If the City hires more old people, the City has to come up with the money.
There's two plans, there's two documents, there's two administrative things you have to
keep paying for, there's an Actuary you have to keep paying for, there's reports that you
have to file for two different plans, and I think somebody told me that, down the road, it's
anticipated that one of these plans is going to go away. Now, I don't know how you do
that... when you've given it to the people for such a long period of time...I don't know if
you can ever take it away. That's a discussion all in itself Then, I asked some questions
about costs...I said how much extra is this going to cost the City. Now, rightly or
wrongly, maybe I misunderstood...but, I've gotten answers from $50,000 a year, with a
one-time $135,000 one-time shot. Two, what we were just looking at, before this
meeting, $96,000 a year for fifteen years; $180,000 a year for fifteen years, and so... I
guess that at a minimum, of saying...can't anybody say what this is based on...the
assumptions an Actuary makes. And, by the way, what were those assumptions? I've
seen nothing for the limited time I've been around, that really relates to...other than a lot of
numbers that cause confusion. You know, how much extra is this going to cost, and
what's it based on? So, that's my concern...my concern is about the defined benefit portion
of it, and I have yet...I haven't seen what these assumptions were. There are a few things
that I saw in this... proposed pension design, and since I'm talking...I may as well get them
out right now...and that is, under the new plan, an employee can retire at age 55 with
completion of ten years service with no Actuarial reduction. That means that person gets
full benefits for working here ten years, and can leave at 55. Is that true"? (He was told
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"Yes"). Mr. Nadrowski continued..."I don't know where else you can do that. Does
anybody at this table know where else you can do that"?
Mr. Drago answered "Any.. . any number of cities that have defined benefit pension plans,
specifically for Fire and Police, will have to have that benefit".
Mr. Nadrowski added, "The one comment I forget to mention...I am not familiar with
municipalities, ok...and...that's...Ijust am not. Now on the other hand, you know, if that's
what you've got to do to compete in the municipal area, then, that's fine".
Mr. Drago explained that external pressures required municipalities to provide competitive
benefits for Police and Fire services, as others provided competitive packages. He then
spoke about extraordinary lobbying efforts by Police and Fire agencies; Florida Statute
185/175 (which addresses Police and Fire pension plans); networking; and other Actuarial
assumptions that address Florida Statute 185/175. Mr. Drago then commented that it was
up to Sandy Turner (Actuary) to design a plan that could address the Police and Fire
employees, as well as the rest of the City's work force.
Vice-Chairman Jim Ryan arrived at 7:51 p.m.
There was continued discussion as to the percentage of Police and Fire employees on the
payroll, and how those numbers affected the design of this plan. John Drago added, "It
was the City's concern not to have three separate pension boards...ok...and under State
Statutes...and...and if..and if the Fire and the Police wanted their own 185/175 plan,
they're entitled to their own pension board. That would have been three sets of pension
boards, three sets of Attorneys, three sets of Actuarials, three sets of everything. So, the
City said... the City's concern was, they didn't want to have to deal with three pension
boards... they were comfortable with this pension board. So, again... what kind of a plan
can you design, Sandy Turner, to allow this pension board to function in the best interest
of the City, but, again...addressing the employees needs".
There was continued discussion on Police and Fire department employees need to be
coverage by Florida Statutes 185/175 or the State Retirement System; what other
neighboring city and county organizations offer their employees; and unions. Mr.
Nadrowski then asked for clarification as to when one can enter the plan, and if it was a
mandatory participation plan.
Attorney Burke addressed many of tonight's comments. He elaborated on 401K plans,
floor offset/defined benefit plans, and defined contribution plans. There was further
discussion on these issues, including the funding of plans, and disability/death benefits.
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Mr. Nadrowski said he would like to know what this will cost the City, based on the
Actuarial assumptions, over the next fifteen or twenty years.
There was further discussion regarding "buy-in's", "buy-back" provisions, and "double-
dipping" as per Florida Statutes.
Mr. Nadrowski commented that "When the guy from Sun Bank was here, I saw that, in
that information, Sun Bank was charging not only a percentage of the assets, but they
were charging an additional fee for their reports, I don't know if you remember that or not,
but that was the basis. I called them three days after that meeting, and I said why are you
charging a percentage of the assets, and that... the guy who was here at this meeting, said
that should not be happening. He said, some lady was going to call me back. She never
called me back". He asked that the City check on this matter.
Vice-Chairman Jim Ryan asked "Are the contributions...the 8% and the 2%...are they
fixed forever? Or is there a provision to change those". There was further discussion
regarding the projected budgeted amounts; increasing the benefits in the defined benefits
plan; Police and Fire contributions; city employees contributions; disability benefits; and
the merits of a floor offset/defined benefits plan, especially from the employees standpoint.
Board Member Vernon Rozelle asked if everything was defined in the plan, and Attorney
Burke said that the way the direct transfer provisions were set up, it wasn't necessary.
There was continued discussion on money purchase plans, life annuities, and the
complexity and uniqueness of this plan.
There was more discussion regarding the proposed plan. Attorney Lang stated "I don't
want to over-simplify it...but, just to make sure that everybody fully understands what it is
you are approving...by doing this, it...it's a plan that is much fairer for all the employees,
but, you have moved some of the econOlnic risk of the plan to the City. Whereas, with the
defined contribution plan, there's virtually no econOlnic risk to pass to the City, and then
you're miniInizing that econoInic risk, that you're passing to the City, by keeping the
defined contribution plan in place, in hopes that the employees will fund their own plan".
Mr. Drago then spoke about drawing valuable workers to the City with the appropriate
plan.
Attorney Burke mentioned that the Board should be aware that there is one caveat to
acknowledge if this proposed plan is accepted by the Board. "They want an additional
sentence...since they are the investment managers...that they can vote as proxies...in
the...for the...the different investments that they...you know...gotten...".
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Mr. Nadrowski stated "Well, you know, I'd be willing to...to send this to the Commission,
but can we do it with the comment that I made earlier..J mean can somebody see those
comments, and see the additional costs"?
Mr. Drago commented, "I can say this, before I got here, there was a lot of dialogue and
numbers being crunched between.. .Ron and Sandy, and the other people, and.. J think I
feel very confident to tell this Board that... that.. .Ron McLemore would not represent to
the Commission anything less than full disclosure".
Mr. Nadrowski added "It certainly wouldn't hurt...to say, here's what it is, that's coming
over, and here's the additional cost, that we estimate it's going to be, based on the
Actuarial's assumptions, for the next fifteen years".
Attorney Lang suggested to the Board "What we would do, is approve this, and
recommend that it go to the City CounciL.. to the City Commission for their approval, if
they find the Actuarial impact statement to be acceptable to them, and that there should be
an Actuarial impact statement that accompanies it, that shows what the cost is going to be.
And if that's what you would like to do, that's something you can do. I'm not saying you
have to, but, if you want them to look at those costs, because you're saying we haven't
reviewed the costs; we're merely telling you this plan is consistent with what we think you
want to see, and we're comfortable with it. Then, your motion would be to approve the
plan as written, subject to the one change - which is allowing Sun Bank to have the right
to proxy. And, that your approval is sent to them with the understanding that they need to
look at the Actuarial impact of this plan, and their approval should be subject to a review
of that Actuarial impact, as well as the plan".
He added "It's a fair plan for the employees, but the City is assuming the economic risk of
making it fair, and we're minimizing the risk by having the continuation of the purchase
plan or defined contribution plan, and that you would like for them to see the actual cost
factors, as best they can be projected at this point in time, when they get this plan. So, it
should be transmitted to them with the cost factors, to the extent we can project them".
Ronald W. McLemore, City Manager joined the meeting at 8:44 p.m.
There was discussion about the cost projections as a percentage of payroll; amortization
schedules; percentage contributions; and assumptions to consider future mortality rates.
Mr. Nadrowski mentioned his concern of putting some of the liability on the City, and to
make sure that the Commission was aware of that.
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There was more discussion on what the annual costs were~ fifteen year amortization~ and
how much the City contributed. Ronald W. McLemore, City Manager elaborated on
many of the factors that they have considered and added, "One thing of course you should
recognize in all that is, if we provide for an annual every two years, that shows me... that
we nailed that". There was further discussion on the annual review of liabilities,
investments, and assets~ and the costs of this plan.
Attorney Lang read a suggested motion for the Board to consider: "With the
understanding that these two plans (1) provide a fair retirement program for all employees
(2) create certain economic risks for the City related to the defined benefits plan (3)
attempt to minimize such risk by continuing a defined contribution plan to offset certain of
the costs of funding the defined benefits. We approve these two plans and transmit them
to the Commission for its consideration. We further recommend that the plans should be
transmitted with the assumptions utilized in designing the plans and with the projected
increased costs to the City associated with these plans and their associated benefits (on a
per year basis)". Discussion.
Motion by Ryan. Second by Nippes. Discussion. Nadrowski, Aye. Warble, (absent).
Rozelle, Aye. Nippes, Aye. Ryan, Aye. Motion passed
There was further discussion on the competitiveness factor associated with the Police
Force, and previous turnover rates in that department.
4. ADJOURNMENT
The meeting was adjourned at 9:11 p.m. with consensus of the Board.
Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Deputy City Clerk
City of Winter Springs, Florida
BOARDS/trusteeslfY9798/minuteslO 11398.doc