HomeMy WebLinkAboutDocumentation_Regular_Tab 15_01/10/2008MEMORANDUM
Village of Tequesta
Clerk's OfFce
TO: Mr. Michael R. Couzzo, Jr., Village Manager
Honorable Mayor and Village Council Members
FROM: Lori McWilliams, Village Clerk
DATE: December 26, 2007
SUBJECT: Interest on Employee Mandatory Contributions to the General
Employees' Pension Trust Fund
During the December 13, 2007 Council Meeting, Mayor Humpage asked to place this
item back on the agenda for Council's reconsideration based on a letter Council
Members received from the Pension Board Members.
The following items are included in the agenda packet:
• Letter from Pension Board Members
• Minutes from 11/5/07 Pension Board Meeting
• Proposed Ordinance 615
• Minutes (8/9/07, 4/24/06, 8R/06, 2/5/07)
• GRS Actuarial Report
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November 13, 2007
TEQUESTA GENERAL EMPLOYEES'
PENSION TRUST FUND
BOARD OF TRUSTEES
345 Tequesta Drive, Tequesta, FL 33469
Telephone: 561-575-6200
Fax: 561-575-6203
Village of Tequesta
The Honorable Mayor & Village Council
Village Manager, Michael R. Couzzo, Jr.
RE: Interest on Employee Mandatory Contributions to the
Tequesta General Employees' Pension Trust Fund
Dear Honorable Mayor, Councilmembers and Village Manager:
At our regular quarterly meeting on 11/5/07, the Board of Trustees for the Tequesta General
Employees Pension Trust Fund voted unanimously to encourage the Village Council to support
paying a 3% interest on the mandatory employee pension contribution of 5%.
Our financial consultant, Steve Palmquest, gave a presentation to the Village Council advising that
the payment of interest on such contributions was not unusual in other municipalities and the cost to
our Village would only be $100.00-$200.00 per year.
The General Employees' Pension Board is not involved in politics or unions. We look to preserve
and grow funds in good faith for the future of our employees. We are entrusted to act on their
behalf and it is for that reason that we seek your support.
Your uly,
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Catherine A. Harding, Chair/ s`,
General Employees' Pensior~'Trust Fund
~~ ~ d~ ,
oard Member Merlene Reid
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Board Member Arc ie ang , Jr.
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Board Member Carl Hansen
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Board Member ichae .Rhodes
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BOARD. OF TRUSTEES
TEQUESTA GENERAL EMPLOYEES' PENSION TRUST FUND
REGULAR QUARTERLY MEETING MINUTES
NOVEMBER 5, 2007
PAGE 4
4. Status Report on Village Council discussion on 10/12/07 regarding paying
interest on employee contributions
Pension Coordinator Lori McWilliams reported the Village Council had agreed to put
this matter forth as a union negotiation tool. Chair Harding commented she thought
this was slippage on the part of the Village Council, that they did not truly
understand the board's request, and this had been the second time this was
presented, along with the ordinance for approval; the first time was just informative.
Ms. Harding read from the Village Council minutes some of the comments made
when this item was presented, and stated as Chair of this Board she saw no
correlation in why required employee contributions would not get any interest on
them. Chair Harding stated she did not agree with it being merged with negotiations
with the union; and she did not think there should be any correlation between the
two. Whatever negotiations went on with the union were between the union
members and what went on with this board was a separate subject, in her opinion.
Secretary Mangum stated he was astounded when he read the Council's comments
because he felt this was not a negotiable matter; the Board had made a
recommendation and it was up to the Village Council to say yea or nay. Secretary
Mangum commented he believed the Mayor and some other members of the
Council had misunderstood. Board Member Hansen asked if the other members
felt this should be brought up to the Council again; Chair Harding indicated she
would like to speak to the Council on this matter because she felt there was
misunderstanding, possibly with the confusion of union negotiations. Attorney
Jensen advised the Village Clerk had reported at this same Village Council meeting
where the Firefighters had proposed using State dollars to reduce their contributions
into the plan and the Council had deferred that decision to collective bargaining.
Attorney Jensen advised the Board that pension benefits were a mandatory subject
of collective bargaining, so either party could bring pension benefits to the table, so
that if there were union members in the pension plan, they could negotiate this
issue; however, this was a very small cost issue and was not the same thing
proposed by the Firefighters, but under Florida law pension benefits were a
mandatory subject of collective bargaining. So in principle, they could table this for
negotiation; however from the minutes it looked like they had not understood there
was a distinction between the Public Safety Officers pension board request and the
request from this board. Village Clerk McWilliams stated she agreed they probably
did not understand, but this was brought up in August as well, and Council had
asked that it be brought back after the budget was finished, and in the current
financial climate did not want to spend more money, but she felt they had not
understood the difference between this request and that of the Public Safety
Officers board. Board Member Reid asked how itwould work with having non-union
employees in the same pension plan. Attorney Jensen responded that they could
BOARD OF TRUSTEES
TEQUESTA GENERAL EMPLOYEES' PENSION TRUST FUND
REGULAR QUARTERLY MEETING MINUTES
NOVEMBER 5, 2007
PAGE 5
not act on behalf of non-union employees but could act-for the union employees to
supply benefits; in most places where there was a pension program and a union,
the unionized employees were the bulk of the participants. Board Member Reid
stated in the Public Safety Officers' plan the bulk were unionized; in the General
Employees plan they would also be in the majority. Attorney Jensen advised that
generally speaking, non-unionized employees were a part of the group who
received the benefit of the negotiations, and confirmed that-there was no distinction
when there were members not in the union for purposes of collective bargaining.
Chair Harding expressed her opinion that it seemed a man's money should earn
some interest if it was being taken from him, and called for comments on this item.
Board Member Reid asked where the Board went now; did this just go to
negotiation as requested by the Council. Attorney Jensen responded this board
should receive some notification that the Village had requested to negotiate this
particular item, that there already was a drafted ordinance the Board had already
developed, the cost value of it, and that could be considered in the course of
collective bargaining. Board Member Reid advised collective bargaining had
commenced. Chair Harding asked Board Member Reid to take care of this as
Human Resource Director since she was the only one who had contact with the
unions and negotiations. Board Member Reid responded that was fine but there
was an issue coming up where she needed to understand her role on the board
versus her role as Human Resources Director, and that would be discussed under
the item about the pension seminar.
Attorney Jensen advised there was nothing wrong with talking to the Village Council
and explaining to them what the Board was really looking for here~ust interest on
the refund of contributions which Mr. Palmquist had said was $100 to $200 per year
cost to the fund. Board Member Hansen noted Chair Harding had volunteered to
talk to the Council on this subject, and asked if it could be on the Council agenda.
Pension Coordinator McWilliams advised it would need to be done before the
December Council meeting since the agenda had already been set for November.
Chair Harding commented this whole thing started innocently as a matter of
recognizing there was no interest being paid on pension money that employees
were required to put in; it had nothing to do with unions or negotiating, and had
been generated from the General Employees Pension Board and not out of a union
negotiating matter. She felt it should be presented to Council in that innocence;
they were not trying to get the most out of the municipality, but to get the most out of
their own money.
Pension Coordinator McWilliams noted one of the Council members had expressed
that their interest was in keeping employees here and not to pay employees to
BOARD OF TRUSTEES
TEQUESTA GENERAL EMPLOYEES' PENSION TRUST FUND
REGULAR QUARTERLY MEETING MINUTES
NOVEMBER 5, 2007
PAGE 6
leave. Secretary Mangum responded the board was not paying them to leave;
stated he was a very strong supporter of this, because this is a mobile world. You
might not be planning to leave tomorrow, but did not know what might happen-you
might have to move through no fault of your own before you were vested, and it was
not fair for the fund to have had your money all this time. It was not a matter of
keeping you or not keeping you, it was only fairness when somebody had to move,
had to leave, or had to quit work that they get something for the money they had to
put in over the years. Secretary Mangum stated he felt very, very strongly about
this. Ms. McWilliams responded she thought some of the Council members did not
understand this was mandatory. Board Member Reid advised she had been at the
first Village Council meeting where this was presented and the Finance Director had
given a very good explanation, that this money belonged to the staff and it was
mandatory. Ms. McWilliams commented she fully backed this since it was
mandatory. Chair Harding commented that to her it was just fairness. Discussion
ensued regarding how to proceed. Ms. McWilliams suggested the whole board
attend the Council meeting possibly in December since the agenda had already
been set for November, to answer questions and present how they saw it. Ms. Reid
commented there were three unions as well as a group of non-unionized
employees, and it had not yet been brought up to the union.
Attorney Jensen advised that pensions were a mandatory subject of collective
bargaining, which meant either party could bring items to the table. Board Member
Reid commented she saw chaos coming because then it would not be limited just to
interest on the funds but could be every group and every union wanting certain
changes. Chair Harding asked if there would be any harm letting them sort through
it and then the Board bringing it back to Council the beginning of the year. Ms.
McWilliams noted Council had received the minutes back to when this discussion
first started, over a year ago, so they had all the backup and she didn't know what
mere could possibly be provided. Chair Harding commented this was now more
political than just a nice gesture of good faith and loyalty; by being a part of
negotiations with the unions it became political to her, and she did not want this
Board to get involved in anything that smacked of politics. Ms. Harding asked if
after the unions were finished whether the Board could go back for reconsideration
if this were not settled for the Board. Attorney Jensen indicated she believed it
would be closed until collective bargaining happened again.
Board Member Hansen commented this was only to pay interest on money
employees had invested into the pension plan, and asked if any union would object
to that, and pointed out that Mr. Palmquist had confirmed that although it was not
required, the vast majority of plans did pay interest. Attorney Jensen responded
the union could waive bargaining on that item if Council said they had seen the light
BOARD OF TRUSTEES
TEQUESTA GENERAL EMPLOYEES' PENSION TRUST FUND
REGULAR QUARTERLY MEETING MINUTES
NOVEMBER 5, 2007
PAGE 7
and now wanted to pay interest. Secretary Mangum commented the Mayor wanted
to hold this in his back pocket so he could say we will give this to the people if the
union capitulates on something else. It was a bargaining chip.
Discussion ensued regarding writing a letter to the Village Council, composing their
thoughts as to the true nature of what was intended and why, and communicating
that to the Council to separate this from the concept of union negotiations. Chair
Harding saw this as more of a moral issue than a political issue. Board Member
Rhodes expressed his opinion the Board owed resolution of this matter to the
participants; with all due respect to Mayor Humpage, this Board was to serve the
participants, and stated he liked the idea of a letter. Secretary Mangum asked Chair
Harding to prepare a letter, which she agreed to do and to send it to all the
members of the Board for input and for everyone to sign.
It was pointed out there was no motion by the Village Council to use this as a
negotiating tool-it was by consensus. Chair Harding commented they also said in
that statement they were going to use the pension request as a bargaining tool, so
when this Board's item came back up, it was just swept up in the package. The
distribution of the letter would be coordinated through the office of the Village Clerk
to avoid conflicts with the Sunshine Law. Logistics of obtaining a signature from a
member who was out of town were discussed.
MOTION:
Board Member Hansen made a motion to prepare a letter as a Board and sign
it as a Board in favor of paying 3% interest on mandatory monies from
employees held in the pension fund. Secretary Mangum seconded the
motion, which carried by unanimous 5-0 vote.
VII. CONSENT AGENDA
Board Member Hansen made a motion to approve the consent agenda with
Item 7 pulled for discussion. Secretary Mangum seconded the motion,
which carried by unanimous 5-0 vote.
Board Member Hansen advised he wanted to discuss item 8, not item 7. The
motion was withdrawn.
Board Member Hansen made a motion to approve the consent agenda with
Item 8 pulled for discussion. Secretary Mangum seconded the motion,
which carried by unanimous 5-0 vote.
Village of Tequesta
Agenda Routing Form
Meeting Date: ~ Consent Agenda No Regular Agenda Yes
Requested Action / Summary:The General Employee Pension Board requests Village Council approve 3%
interest paid to employees leaving before they are vested in the General Employees Pension Plan
Resolution #: :.;PS.-'==: 1~;4~~ ~~ ~~~°~:; ~ ~_,t~. Ordinance #: 615-06/07
Originating Department: Village Clerk
Funding Source Bud et Year: 2006/2007
• Account Number: N/A
• Current Budgeted Amount Available: _~<<~'~ ?~..-~ ~: .c~ ~~;~~~•- ~:~x~.
• Amount of this Item: $ t~li~~< y,, ~~ _ -_~ ._. ~-~~- ..~..~~3~.
(Determined by Council Approval)
• Amount Remaining after this Item: $ ti . :.. ~ <... _. ~: . ~. ~~:....
• Budget Transfer Required? ~: ~~~ssr~~ Gr; i~~•m.
• Appropriate Fund Balance: ~~~;c,Fy~;~ ~,° i~~r~°.
Piggyback Contract Name or #: ~'IiCi~ i~~ r~ tc ~n~~r- tr.>.~:.
Competitive Bid #: ~ i •' • ~ ~ t -~ r~ ~~ ~~ ,~:-..
APPROVALS
DEPARTMENT HEAD: `
~ ~ ~ ~ ' ~;
FINANCE DIRECTOR:
VILLAGE MANAGER:
• Approve Item: ~
• Deny Item: D
VILLAGE ATTORNEY: (Approved for Legal Sufficiency): ::~~~~~~ an ite~~.
MEMORANDUM
Village of Tequesta
Clerk's Office
TO: Mr. Michael R. Couzzo, Jr., Village Manager
Honorable Mayor and Village Council Members
FROM: Lori McWilliams, Village Clerk `~
DATE: September 25, 2007
SUBJECT: General Employee Pension Board - 3% Interest
During the August 2007 meeting, Council tabled this agenda item until the October 11, 2007
Council Meeting. I have requested that Mr. Palmquist be prepared to respond to the inquiries
made during that Council Meeting (see attached 8/9/07 minutes) and address any additional
questions Council has during the October meeting.
Should Council agree during the October meeting, I wiii place the Ordinance on the November
meeting for first reading.
Minutes -Village Council Regular Meeting 8/9/07
Page 6
VIII. Communications from Council (Con't)
Council Member Turnquest commented on the Dalack case and Mr. Dalack's comments stating
he would take this to the Supreme Court. Council Member Turnquest reported he had been
contacted by various supporters and reporters and had responded that he would not comment on
the case; he would not encourage Mr. Dalack's celebrity status and would not mention his name
after tonight. Council Member Turnquest referenced the time and money wasted and felt the
Village had a grave injustice done to it because of the case.
He also felt that Council Member Paterno had taken a beating over the last couple of months; he
was not here to defend him but believed Council Member Paterno was a passionate and detail
oriented man and should be commended for his efforts. Council Member Turnquest stated it
takes fortitude, courage and time to give of one's self in a small community where you were
scrutinized for everything you do and say and felt Council Member Paterno, at times, had been
misunderstood or his objectives were not received well because of lack of diplomacy.
Council Member Turnquest referenced two months ago when Council Member Paterno called to
reprimand Village Manager Couzzo for oversights; he did not believe it was necessary and felt
the Village Manager did hold his departments responsible, but was ultimately responsible for his
department heads and departments. He admired Council Member Paterno for all he has done and
commended him for being the one detailed person that found the mistake in the utility billing
issue. Council Member Turnquest concluded that being a politician was tough and thankless and
he felt privileged to be serving with him.
Council Member Paterno recalled his trip to Arlington National Cemetery and was honored to
see Col. Resmck's place of rest and as an American it was an honor to see the cemetery.
Vice-Mayor Watkins congratulated everyone on National Night Out and confirmed that it was a
great event. She added that they had a good turnout of residents and commended the Village on
their hard work to organize the event. Vice-Mayor Watkins stated she did not have an issue with
Council Member Paterno and noted she had written a letter; copied it to the Village Attorney and
Department heads so that costs were not incurred. She noted the word malfeasance was not used;
the letter clearly stated she appreciated Council's right to ask questions and find answers and
simply questioned the method and how issues were presented.
Mayor Humpage thanked everyone for their efforts on National Night Out and thanked the
Pastor for the use of the Church property. Pastor Bearesford mentioned there were over 1,000
participants and he was honored to host the event.
IX. New Business
5. Ordinance 615-06/07, First Reading, An Ordinance Of The Village Council of
the Village of Tequesta, Palm Beach County, Florida, Amending Exhibit "A" of Section 2-30 of
The Code of Ordinances, Village of Tequesta, Florida, Relating to the Employees' Pension Trust
Funds; Amending Exhibit "A" to Provide for Payment of Interest on Refunds of Accumulated
Minutes -Village Council Regular Meeting 8/9/07
Page 7
IX. New Business (Con't)
Contributions; Providing for Repeal of Ordinances in Conflict; Providing for Codification;
Providing for and Effective Date. (Second Reading 9/13/07)
Attorney Hawkins read Ordinance 615-06/07 into the record.
MOTION: Council Member Turnquest moved to approve the Ordinance 61 S; Vice-Mayor
Watkins seconded the motion. Item was opened for discussion.
Council Member Paterno questioned if the contribution referenced was the Village portion or
employee portion. Village Clerk McWilliams confirmed the 5% contribution was the employee
portion. Council Member Paterno was concerned with the cost to the Village and the possible
encouragement for employees to leave and stated he would like to see employees stay. He asked
how other Municipalities participate.
Manager Couzzo stated that some Municipalities participate and some do not and added this
Ordinance was for consideration as a first reading. Council Member Paterno felt the Village had
gone over and above and would like to reward employees who stayed long term. Mayor
Humpage commented just because this was being done elsewhere did not mean Tequesta needed
to participate.
Council Member Paterno suggested being open to new ideas for employees who stayed and was
not in favor of rewarding those who left. Village Clerk McWilliams explained that employees
were required to put 5% of their salaries into the account and explained the contribution was
similar to a savings account.
Council Member Paterno asked if the item could be tabled. Mayor Humpage asked Council
Member Turnquest to consider the request made by Council Member Paterno. Discussion
ensued.
Council Member Turnquest withdrew his motion to approve Ordinance 61 S; Vice-Mayor
Watkins withdrew her second.
MOTION: Council Member Amero moved to table the Ordinance to October 11, 2007;
Council Member Turnquest seconded the motion; motion carried unanimously S-0.
6. Resolution 59-06/07, A Resolution of the Village of Tequesta, Palm Beach County,
Florida, revising personnel policies 1.1, L2, 1.3, 2.3, 2.4, 2.6, 3.3, 3.6, 3.8, 3.10, 3.11, 3.12, 3.13,
4.1, 4.2, 5.1, 5.2, 5.3, 5.7, 5.8, 5.9, 6.1, 6.2, 7.9, 7.10, 7.11 ,the deletion of policy 4.11, and the
addition of policy 2.9; and providing an effective date.
Attorney Hawkins read Resolution 59-06/07 into the record.
MOTION: Vice-Mayor Watkins moved to discuss Resolution 59; Council Member Turnquest
.seconded the motion; Item was opened for discussion.
Village of Tequesta
Clerk's Office
TO: Mr. Michael R. Couzzo, Jr., Village Manager
Honorable Mayor and Village Council Members
f
FROll~I: Lori McWilliams, Village Clerk ~j F`'-°~
DATE: June 29, 2007
SUBJECT: Ordinance 615-06/07 -General Employee Pension Board - 3% Interest
Over the course of a several Pension Meetings, the Pension Board discussed paying interest on
invested funds to employees who leave employment prior to vesting. The Board requested an
actuarial report from Steve Palmquist of Gabriel, Roeder, Smith and Company with calculations
ranging from ] % to 5% on employee contributions.
During the February 2007 meeting, the Pension Board agreed to approve 3% interest paid to
employees on their investments that leave prior to vesting and to have Mr. Palmquist make a
presentation to the Village Council.
The following is included in the packet for your information:
• Ordinance 615-06/07
• 4/24/06 Minutes
® 8/7/06 Minutes
• 2/5/07 Minutes
• GRS Actuarial Report
1) l~.l~l' 1
ORDINANCE NO. __, .,.
AN ORDINANCE OF -THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING
EXHIBIT "A" OF SECTION 2-30 OF THE CODE OF ORDINANCES,
VILLAGE OF TEQUESTA, FLORIDA, RELATING TO THE
EMPLOYEES' PENSION TRUST FUNDS; AMENDING EXHIBIT "A"
TO PROVIDE FOR PAYMENT OF INTEREST ON REFUNDS OF
ACCUMULATED CONTRIBUTIONS; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BYTHE VILLAGE COUNCIL OF THE VILLAGE OFTEQUESTA,
PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Those portions of Exhibit "A" to Section 2-30, Code of Ordinances,
Village ofTequesta, Palm Beach County, Florida, as deleted and shown by strike-outs, and
additions shown by bold underlining on Exhibit "A" attached hereto and made a part hereof,
are passed and adopted as amendments to such Exhibits and section as follows:
Sec. 2. Definitions.
Credited Service means the total number of years and fractional parts of years of
service as a General Employee who makes member contributions to the Plan,
omitting intervening years orfractional parts of years when such General Employee
was not employed by the Village of Tequesta. A plan member may voluntarily leave
his/her contribution in the Fund for a period of five (5) years after leaving the employ
of the Village of Tequesta pending the possibility of being rehired in a full time
position by the Village of Tequesta- without losing credit for the time of active
participation as a plan member. Should the employee not be re-employed with the
Village ofTequesta in a full time capacity within five (5) years, his/her contributions
shall be returned to him/her withettt three percent (3%~ interest.
The years orfractional parts of years that a General Employee serves in the military
service of the Armed Forces of the United States or the United States Merchant
Marine, voluntarily or involuntarily, upon being granted leave by the Village of
Tequesta and separation from employment as a Village of Tequesta plan member,
shall be added to his/her years of credited service provided that:
A. The General Employee returns to his/her full time employment with the
Village of Tequesta within one (1) year from the date of-his/her military
discharge.
B. The General Employee deposits into the Fund the same sum that the
Member would have contributed if he/she had remained a General
!)~~1-'111' A
Employee, .plus an amount of interest that substantially approximates the
amount earned by the Fund from the date of return to employment to the
date of deposit.
C. The maximum credit for military service shall be five (5) years.
Sec. 10. Vesting.
If a Member terminates his/her employment with the Village of Tequesta, either
voluntarily or by discharge, and is not eligible for any other benefits under this
System, the Member shall be entitled to the following:
1. If the Member has less than six (6) years credited service and has not
attained the age of sixty-two (62) upon termination, the Member shall be
entitled to a refund of accumulated contribution plus three percent (3%)
interest or the Member may leave it deposited with the Fund, in accordance
with the definition of credited service.
2. If the Member has six (6) or more years of credited service upon
termination, or alternatively, the Member has attained the age of sixty-two
(62), regardless of credited years of service, the Member shall be entitled to
a monthly retirement benefit that is the actuarial equivalent of the amount of
such retirement income otherwise payable to him/her commencing at the
Member's otherwise normal or early retirement date, provided he/she does
not elect to withdraw his/her accumulated contributions plus three percent
(3%) interest and provided the Member survives to his/her normal or early
retirement date.
3. Any plan member of the System whose position is terminated, for whatever
reason, but who is employed by the Village in some capacity, shall have all
retirement benefits accrued up to the date of such termination under this
System preserved, provided he does not elect to withdraw his/her
accumulated contributions lus three percent (3%1 interest from this
System. Such Accrued retirement benefits shall be payable at his/her
otherwise normal retirement date hereunder, or later, in accordance with the
provisions of this System.
Section 2. Severability. If any provision of this Ordinance or the application
thereof is held invalid, such invalidity shall not affect the other provisions or applications
of this Ordinance which can be given effect without the invalid provisions or applications,
and to this end, the provisions of the Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict. All other Ordinances of the Village
of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance
are hereby repealed.
Section 4. Codification. This Ordinance shall be codified and made a part of the
official Code of Ordinances of the Village of Tequesta.
Section 5. Effective Date. This Ordinance shall take effect upon passage.
THE FOREGOING ORDINANCE was offered by Councilmember
seconded by Councilmember
who moved its adoption. The Ordinance was
and upon being put to a vote,
the vote was as follows:
FOR ADOPTION
AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and adopted this
day of , 20
MAYOR OF TEQUESTA
ATTEST:
Lori McWilliams, Village Clerk
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The i/illage of Tequesta General Employees' Pension Trust Fund for the purpose
of providing retirement, death and disability benefits to members of the Fund, certain
former genera4 employees and survivor benefits to beneficiaries.
Secti®r~ 2. ®efiniti®ns
1. Statement of Definitions As used herein, unless otherwise defined or required
by the context, the following words and phrases shall have the meaning indicated:
Accumulated Contributions means a Member's own contributions without interest.
Actuarial Equivalent means a benefit or amount of equal value, based upon the
mortality tables utilized by the Board's actuary or actuaries during most recent actuarial
valuation, and an 8% rate of interest.
Average Final Compensation shall mean one-twelfth (1/12) of the average salary
of the five (5) best years of the last ten (10) years of credited service prior to retirement,
termination, or death, or the career average as a full time General Employee, whichever
is greater. A year shall be twelve (12) consecutive months.
Beneficianr means the person or persons entitled to receive benefits hereunder at
the death of a Member who has or have been designated in writing by the Member and
filed with the Board. If no designation is in effect, or if no person so designated is living,
at the time of death of the Member, the beneficiary shall be the estate of the Member.
Board or Board of Trustees, means a member of the General Employee Board of
Trustees, which shall administer and manage the System herein provided and serve as
Trustees of the Fund for the benefit of beneficiaries of the general employees.
Code means the Internal Revenue Code of 1986, as amended from time to time.
Credited Service means the total number of years and fractional parts of years of
service as a General Employee who makes member contributions to the Plan, omitting
intervening years or fractional parts of years when such General Employee was not
May 10, 2005
employed by the Village of Tequesta. A plan member may voluntarily leave his/her
contribution in the Fund for a period of five (5) years after leaving the employ of the Village
of Tequesta pending the possibility of being rehired in a full time position by the Village of
Tequesta without losing credit for the time of active participation as a plan member.
Should the employee not be re-employed with the Village of Tequesta in a full time
capacity within five (5) years, his/her contributions shall be returned to him/her without
Interest.
The years or fractional parts of years that a General Employee serves in the military
service of the Armed Forces of the United States or the United States Merchant Marine,
voluntarily or involuntarily, upon being granted leave by the Village of..Tequesta and
separation from employment as a Village of Tequesta plan rriember, Sha10 be added to
his/her years of credited service provided that:
A, The General Employee returns to his/her full time employment with the
Village of Tequesta within one (1) year from the date of his/her military
discharge.
B. The General Employee deposits into the Fund the same sum that the
Member would have contributed if he/she had remained a General
Employee, plus an amount of interest that substantially approximates the
amount earned by the Fund from the date of return to employment to the
date of deposit.
C. The maximum credit for military service shall be fve (5) years.
Effective Date means the date on which this Ordinance becomes effective.
Fund means the Trust Fund established herein as part of the System, for the benefit
of General Employees.
General Employee means an actively employed full-time person employed by the
Village of Tequesta, including his/her initial probationary employment period, excluding
certified Firefighters and certified Police Officers.
General Employee Board means the board of trustees provided hereunder to
administer and manage the funds for the benefit of the General Employees.
Member means an actively employed General Employee that fulfills the applicable
prescribed participation requirements. -
One hundred and twenty monthly payments guaranteed means benefits are payable
for the life of a retiree with a guarantee of 120 monthly payments. Should a member die
2
May 10, 2005
before 120 monthly payments (10 years) are made, then the rernainderof the 120 monthly
payments will be paid to a beneficiary. Should a member receive more than 120 monthly
Payments, then no benefit is payable to a beneficiary.
Salary means base compensation to include regular earnings, vacation pay, sick
pay, plus all tax deferred items of income, excluding lump sum payments, overtime,
bonuses and longevity bonus.
S Dose means the lawful wife or husband of a plan member at the time of pre-
retirement, death or retirement.
Statement of Investment Polic -means the written investment policy adopted by the
Boards pursuant to this Ordinance and F.S. 112.661, et seq., which shall apply to funds
under the control of the board.
System means the Village of Tequesta General Employees' Pension Trust Fund as
contained herein and all amendments thereto.
Vested deferred retirement means a Member who leaves the employ of the Village
with 6 or more years of credited sensice and who is not eligible for any retirement benefit.
This benefit is payable at early or normal retirement.
Village means the Village of Tequesta, Florida.
2. Masculine Gender. The masculine gender, where used herein, unless the
context specifically requires otherwise, shall include both the feminine and masculine
genders.
Sects®r~ ~, ~embershio
1. Condition of Eligibili
All full time General Employees as of the effective date, and all future new
full time General Employees shall become Members of this System as a
condition of employment.
2. Membership
Each full time General Employee shall complete a form prescribed by the
Board providing the following information:
A. Acceptance of the terms and conditions of the Retirement System,
and,
3
liflay ~ 0, 2005
B. ®esignation of a beneficiary or beneficiaries, and,
C. A certified statement as to prior medical and psychological history.
3. Change in ®esignation of Ber~eficiar~
~ member may from time to time change his/her designated beneficiary by
written notice to'the Board upon forms provided by the Board. Upon such
change, the rights of all previously designated beneficiaries to receive any
benefits .under the System shall cease. .
Secti®r~ 4. t3®ard ~f Trustees
1: The sole and exclusive administration of and responsibility for the proper
operation of the retirement system and for ma king effective the provisions of this ordinance
is hereby vested in a Board of Trustees. The Board shall consist of five (5) Trustees, two
(2) of whom, unless otherwise prohibited by lave, shall be legal residents of the municipality,
who shall be appointed by the Tequesta Village Council, and two (2) of whom shall be full-
time General Employee members of the System. The fifth (5'") Trustee shall be selected
by a majority vote of the other four (4) Trustees.
Each person seeking to fill a designated employee representative Board member
seat shall be elected by their full-time co-workers. Upon receipt of the fifth (5'") person's
name the Tequesta Village Council shall, as a ministerial duty, appoint such person to the
General Employee Board as its fifth (5'") Trustee. The fifth (5'") Trustee shall have the
same rights as each of the other Trustees appointed or elected as herein provided and
shall serve a two (2) year term unless the office is sooner vacated and may succeed
himself or herself in office. Each. resident Trustee shall serve as Trustee for a period of two
(2) years unless sooner replaced by the Tequesta Village Counal at whose pleasure the
Trustee shall serve, and may succeed himself or herself as a Trustee. Each General
Employee Trustee shall serve as Trustee for a period of two (2) years, unless he/she
sooner leaves the employment ofthe Village or otherwise vacates his/her office as Trustee,
whereupon a successor shall be chosen in the manner as the departing Trustee. Each
employee representative Trustee may succeed himself or herself in office. The General
Employee Board shall meet at least quarterly each year. The Board shall be a legal entity
with, in addition to other powers and responsibilities contained herein, the power to bring
and defend lawsuits of every kind, nature, and description.
2. The Board shall, by majority vote, elect a chairman and secretary. The
secretary of the Board shall keep, or cause to be kept, a complete minute book of the
actions, proceedings, or hearings of the Board and shall preside over Board meetings in
the absence of the Chairman. The Trustees shall not receive any compensation as such,
4
IViay 10, 2005
but may receive expenses and per diem as provided by law.
3~ Each Trustee shall be entitled to one vote on the Board. Three (3) affirmative
votes shall be necessary for any decision by the Trustees at any meeting of the Board. A
Trustee shall have the right to abstain from voting as the result of a conflict of interest
provided that Trustee states in writing the nature of the conflict complies with the provis~ns
of Section 112.3143, Florida Statutes.
4. The Board of Trustees shall engage such actuarial, accounting, legal, and
other services as shall be required to transact the business of the Retirement System to
administer and-m~'~r'age the fund and to meet the requirements of applicable law. The
compensation of all persons engaged by the Board .of Trustees and all other expenses of
the Board necessary for the operation of the Retirement System shall be paid from the
Fund at such .rates and in such amounts as the Board of Trustees shall approve.
5. The duties and responsibilities of the Board of Trustees shall include, but not
necessarily be limited to, the following:
~. To construe the provisions of the System and determine all questions
arising thereunder.
B• To determine all questions relating to eligibility and participation.
C. To determine and certify the amount of all retirement allowances or
other benefits hereunder.
D. To establish uniform rules and procedures to be followed for
administrative purposes, benefit applications and all matters required
to administer the System.
E. To distribute to ~/lembers, at regular intervals, information concerning
the System.
F. To receive and process all applications for participation and benefits
G• To authorize all payments whatsoever from the Fund, and to notify the
disbursing agent in writing of approved pension payments and other
expenditures arising through operation of the System anal the Fund.
H. To have performed actuarial studies in accordance with Florida
Statute 112.63 providing a copy of the same to the Division of .
Retirement, and with at least biennial valuations, and make
recommendations regarding and all changes in the provisions of the
5
~iay 10, 2005
System.
Ensure compliance with Article X, Section 14, of the Florida
Constitution, requiring that any increase in benefits be funded on an
actuarially sound basis.
J. Ensure the completion of an actuarial impact statement prior to the
adoption of a change in the plan's retirement benefits, a copy of which
must be provided to the ®ivision of Retirement.
K. To ensure the funds and. assets for the. benefit of the employee
groups they serve are segregated and separated from the funds and
assets under the control of the Board.
L. To perform such other duties as are specified in this Ordinance.
M. To adopt and be guided by Statements of Investment Policy
applicable to all funds under the control of the General Employee
Board of Trustees as required from time to time by F.S. 112.661, et
seq., and/or its successor statutes.
Section 5. Finance And Fund Management
Establishment and Operation of Fund.
1. As part of the System, there is hereby established a Fund, into which shall be
deposited afl of the contributions and assets whatsoever attributable to the System, for the
benefit of General Employees.
2. The actual custody and supervision of the Fund (and assets thereof) shall be
vested in the Board of Trustees., Payment of benefits and disbursements from the Fund
shall be made by the Village on the Board's agreement, butonly upon written authorization
from the Board.
3. All funds and securities of the Fund may be deposited by the Board of Trustees
with the Treasurer of the municipality, acting in a ministerial capacity only, who shall be
liable in the same manner and to the same extent that as he is liable for the safekeeping
of funds for the municipality. However, any funds and securities so deposited with the
Treasurer of the municipality shall be kept in separate funds by the Treasurer or clearly
identified as such. funds and securities of the' General Employee Trust Fund. In lieu
thereof, the Board of Trustees shall deposit the funds and securities of the Fund in a
qualified public depository or depositories as defined in Section 280.02, Florida Statutes,
which depository or depositories with regard to such funds and securities shall conform to
6
May 10, 200b
and be bound by all of the provisions of Chapter 2>30, Florida Statutes. In order to fulf 11 its
investment responsibilities as set forth herein, the Board may retain the services of a
custodian bank or banks, an investment advisor or advisors registered under Investment
Advisors Act of 1940, registered broker dealer or otherwise exempt from such required
registration, an insurance company, or a combination of these, for the purposes of
investment decisions and management. Such investment manager or managers shall
have discretion, subject to any guidelines as prescribed by the Board, in the investment of
all fund assets.
4. Accurate records shall be maintained at all times reflecting the market valuations
of funds and assets of the F~nrf, including accurate current accounts and entries as
regards the following:
A. Current amounts of Accumulated Contributions of Members on both
an individual and aggregate account basis, and
B. Receipts and disbursements, and
C. Benefit payments, and
D. Current amounts clearly reflecting all moneys, funds and assets
whatsoever attributable to contributions and deposits from the Village,
County or State, and
E. All interest, dividends and gains (or losses) whatsoever, and
F. Such other entries as maybe properly required so as to reflect a clear
and complete financial report of the Fund.
5. An independent audit shall be performed annually by a certified public
accountant for the most recent fiscal year of the Village showing a detailed listing of assets
and a statement of all income and disbursements during the year for each Fund. Such
income and disbursements must be reconciled with the assets at the beginning and end
of the year. Such report shall reflect complete evaluations of assets on both a cost and
market basis, as well as other items normally included in a certifed audit.
6. The Board of Trustees shall have the following investment powers and authority:
A. The Board of Trustees shall be vested with full legal title to the Fund,
subject, however, and in any event to the authority and power of the
Tequesta Village Council to amend or terminate this Trust, provided
that no amendment or Fund termination shall ever result in the use of
7
gay 10, 200~~
any assets of the Fund except for the payrv~enf of regular expenses
and benefits under this System. All contributions from time to time
paid into the Fund, and the income thereof, without distinction
between principal and income, shall be held in the Fund and
administered by the Board or its Agents.
B. All moneys paid into or to be held by the Fund shall be invested and
reinvested by the Board and the investment of all or any part of such
funds shall be limited to:
(1) Annuity and life insurance .contracts of life insurance
companies in amounts sufficient to provide, in whole or in part,
the benefits to which all of the participants in the Fund shall be
entitled under the provisions of the Plan and pay the initial and
subsequent premium thereon.
(2) Time or savings accounts of a national bank, a state bank
insured by the Bank Insurance Fund, or a savings and loan
association insured by the .Savings Association Insurance
Fund which is administered by the Federal Deposit Insurance
Corporation or a state or federal chartered credit union whose
share accounts are insured by the National Credit Union Share
Insurance Fund.
(3) Obligations of the United States or obligations guaranteed as
to principal and interest by the government of the United
States.
(4) Bonds, stocks, commingled funds administered by National or
State Banks or evidences of indebtedness issued or
guaranteed by a corporation organized under the laws of the
United States, or registered investment company pursuant to
the Investment Advisors Act of 1940, any state or organized
territory of the United States, or the District of Columbia,
provided that the corporation is traded on a nationally
recognized Exchange and in the case of bonds only holds a
rating in one of the tftree four highest classifications by a
major rating service, and if such investments are made in a
pooled fund administered by a state or national bank, then the
rating of each issue in the pooled fund shall hold a rating within
the top three (3) rating classifications of amajorrating service.
(5) Real estate.
8
ray ~ 0, 2005
(6) Ali monies paid into or held in the Pension Fund shall be
invested and reinvested by the Board of Trustees and the
investment of all or any part of such funds shall be invested in
accordance with an established investment policy adopted by
the Board of Trustees.
(7) Up to ~0% of the Plan assets may be invested in foreign
securities.
C. The Board of Trustees shall not invest more than five percent (5%} of
its assets in the common stock or capital stock of. any one issuing
company, nor shall the aggregate investment in any one issuing
company exceed five percent (5%) of the outstanding capital stock of
that company; nor shall the aggregate of its investments in common
stock, capital stock and convertible bonds at cost exceed sixty percent
(60%) of the assets of the Fund.
~. The Board of Trustees may retain in cash and keep unproductive of
incomesuch amount of the Fund as they maydeem advisable, having
regard for the cash requirements of the System.
E. No person or entity shall be liable for the making, retention or sale of
any investment or reinvestment made as herein provided, nor for any
loss or diminishment of the Fund, except that due to his/her or its own
negligence, willful misconduct or lack of good faith.
F. The Board may cause any investment in securities held to be
registered in or transferred into. their name as Trustee or into the
name of such nominee as they may direct, or they may retain them
unregistered and in form permitting transferability, but the books and
records shall at all times show that all investments are part of the
Trust Fund.
G. The Board is empowered to vote upon any stocks, bonds or securities
of any corporation, association, or trust and to give general or specific
proxies or powers of attorney with or without power of substitution; to
participate in mergers, reorganizations, recapitalization,
consolidations and similar transactions with respect to such securities;
to deposit such stock or other securities in any voting trust or any
protective or like committee with the Trustees or with depositories
designated thereby; to amortize or fail to amortize any part of all of the
premium or discount resulting from the acquisition or disposition of
assets; and generally to exercise any of the powers of an owner with
9
May 10, Zo0~
respect to stocks, bonds, or other investments comprising the Fund
which it may deem to be the best interest of the Fund to exercise.
This power may be delegated to an agent by the Board of Trustees.
H. The Board shall not be required to make any inventory or appraisal or
report to any court, nor secure any order of court for the exercise of
any power contained herein.
lfVhere any action which a Board is required to take on any duty or
function which it is required to perform either under the terms herein
or under the general law applicable to it as Trustee under this
Ordinance, can reasonably be taken or performed only after receipt
by it from a Member, the Village, the ®epartment or any other entity,
of specific information, certification, direction or instructions, the Board
shall be free of liability in failing to take such action or perform such
duty or function until such information,- certification, direction or
instruction has been received by it.
J. Any overpayments or underpayments from a Fund to a Member or
beneficiary caused by errors of computation shall be adjusted with
interest at a rate per annum approved by the Board. Overpayment
shall be charged against member's payments next succeeding the
correction. Underpayments shall be made up from the Trust Fund.
K. A Board shall sustain no liability whatsoever for the sufficiency of a
Fund to meet the payments and benefits herein provided.
L. Any of the foregoing powers and functions may be performed or
carried out by the Board through duly authorized Agents, provided
that the Board at all times maintains continuous supervision over the
acts of any such Agent; provided further, that legal title to a Fund shall
always remain in the Board of Trustees.
M. A Board shall not invest more than ten percent (10%) at cost of its
assets in real property or real estate and there shall be no investment
in a limited partnership or trust.
N. The Village shall maintain Fiduciary Liability insurance to cover the
members of the Board of Trustees.
Section 6. C®ntr6ba~tions.
10
spay 10, 2005
Member Contributions
~. Amount. Members of the Retirement System shall be required to
make regular contributions to the Fund in the amount of five percent
(5%) of his/her salary. Member contributions withheld by the Village
on behalf of the Member shall be deposited with the Board of
Trustees immediately after the withholding of such contributions. The
contributions made by each Member to the Fund shall be designed as
empioyercontributions pursuant to Section 414(h) of the Code. Such
designation is contingent upon the contributions being excluded from
the Members' gross income for Federal Income, Tax purposes. For
all other purposes of the Plan, such contributions shall be considered
to be Member contributions.
B. Method. Such contributions shall be made by payroll deduction.
2. Village Contributions
So long as this System is in effect, the Village shall make contributions at
least quarterly to the Trust Fund in an amount equal to the normal cost and the amount
required to fund any actuarial deficiency shown by an actuarial valuation as provided in
Part VII of Chapter 112, Florida Statutes.
3. Other
Private donations, gifts and contributions may be deposited to the Fund, but
such. deposits must be kept separately and kept on a segregated bookkeeping basis.
Funds arising from these sources may be used only for additional benefits for Members,
as determined by the Board, and may not be used to reduce what would have otherwise
been required by Village contributions.
Secti®n 7. Benefit ~4mounts and Eligibility
Normal Retirement Date.
A Member's normal retirement date shall be the first day of the month
coincident with, or next following the earlier of:
a) attainment of age sixty-two (62) regardless of years of credited
service, or
b) attainment of thirty (30) years of credited service regardless of age.
11
May 10, 2005
A Member may retire on his/her normal retirement date or on the first day of
any month thereafter, and each Member shall become 100% vested in
his/her accrued benefit on the Member's normal retirement date. Normal
retirement under the Plan is retirement from employment with the Village of
Tequesta as a General Employee, on or after the normal retirement date.
2. Normal Retirement Benefit.
A Member retiring hereunder on or after his/her norma6 retirement date shall
receive a monthly benefit which shall commence on his/her Retirement Date and be
continued thereafter. during the Member's lifetime, ceasing upon death, but with one
hundred twenty (120) monthly payments guaranteed in any event. Benefits are payable
for the life of a retiree with a guarantee of 120 monthly payments. Should a member die
before 120 monthly payments (10 years) are made, then the remainder of the 120 monthly
payments will be paid to a beneficiary. Should a member receive more than 120 monthly
payments, then no benefit is payable to a beneficiary. The monthly retirement benefit shall
equal two percent (2%) of average final compensation, for each year of credited service
(2% x average final compensation x years of credited service).
3. Early Retirement Date
~ Member may retire on his/her early retirement date which shall be the first
day of any month coincident with or next following the later of the attainment of age fifty
(50) and the completion of six (6) years of credited service. Early retirement under the
Plan is retirement from employment with the Village of Tequesta on or after the early
retirement date and prior to the normal retirement date.
4. Early Retirement Benefit
,4 Member retiring hereunder on his/her early retirement date may receive
either a deferred or an immediate monthly retirement benefit payable for life; but witf~ one
hundred twenty (120) monthly payments guaranteed in any event, as follows:
A. A deferred monthly retirement benefit which shall commence on what
would have been his/her normal retirement date-had he/she remained
a General Employee and shall be continued on the first day of each
month thereafter. The amount of each such deferred monthly
retirement benefit shall be determined in the same manner as for
retirement as his/her normal retirement date except that credited
service and average final compensation shall be determined as of
his/her early retirement date; or
t3. An immediate monthly retirement benefit which shall commence on
12
May 10, 2005
his/her early retirement date and shal{ be continued on the-first day of
each month thereafter. The benefit payable shall be as determined
in paragraph A above, which is actuarially reduced from the amount
to which he/she would have been entitled had he/she retired on
his/her normal refinement date and with the same number of years of
credited service as at the time his/her benefit commence and based
on his/her average final compensation at that date. In no event shall
the early retirement reduction exceed fve percent (5%) each year by
which the commencement of benefits precedes the Member's normal
retirement date.
~ecti®n l~. ~re~retirerner~t ®eath.
upon the death of any vested member, whether or not still in active employment,
a survivor benefit is payable to the beneficiary starting when the member would have
reached retirement age. The benefit is equal to the vested pension benefit.
Secti®n ~. ®isability.
®isability Benefits On-0uty
Each full time employee who is a participant in the
becomes totally and permanently disabled while an ac
Tequesta to the extent that he/she is unable, by reasd
physical or mental impairment, to render useful and
Employee, which disability was directly caused by the p
General Employee shall upon establishing the same to t
entitled to the greater of A or B:
Pension Fund System and who
ive employee of the Village of
n of a medically determinable
efficient service as a General
srformance of his/her duty as a
~e satisfaction of the Board, be
A. If the injury or disease is service connected, the employee shall be
entitled to the greater of (1 } or (2):
(1) a monthly pension equal to 42% of his/her average monthly
compensation as of his/her disability retirement date, or
(2) an amount equal to the number of years of his/her credited
service multiplied by 2% of his/her average monthly salary
based upon his/her final 5 years of service.
13
May 10, 200
2. Disability{ Benefits Off-Duty
Every General Employee who has six years of credited service, is a
participant in the Pension Fund System and who shall have become totally and
permanently disabled to the extent that he/she is unable, by reason of a medically
determinable physical or mental impairment, to render useful and efficient service as a
General Employee which disability is not directly caused by the performance of his/her
duties as a General Employee shall be entitled to the greater of A or B:
A. a monthly pension equal to 25% of his/her average monthly
compensation based upon his/her final 5 years of service, or
B. An amount equal to the number of years of his/her credited
service multiplied by 2% of his/her average monthly salary
based upon his/her final 5 years of service.
3. Conditions Disqualifying Disability Benefiits
Each General Employee who is claiming disability benefits shall establish, to.
the satisfaction of the Board, that such disability was not occasioned primarily by:
A. Excessive or habitual use of any drugs, intoxicants or alcohol.
B. Injury or disease sustained while willfully and illegally participating in
fights, riots or civil insurrections.
C. Injury or disease sustained while committing a crime.
D. Injury or disease sustained while serving in any branch of the Armed
Forces.
E. Injury or disease sustained after his/her employment shall have
terminated as a General Employee with the Village of Tequesta.
F. Willful, wanton or gross negligence of the IViember.
G. Injury or disease sustained by General Employee while working for
anyone other than the Village of Tequesta and arising out of such
employment.
H. Injury or disease sustained by the member before employment writh
the. Village begins. This subparagraph applies only in the event of a
duty injury or disease.
14
May 10, 2005
~. Physical Examination Requirement
An employee shall not become eligible for disability benefits until and unless
he/she undergoes a physical examination by a qualified physician or physicians and/or
surgeons, who shall be selected by the Board for that purpose.
Any person receiving disability benefit under provisions of this ®rdinance may
be periodically re-examined by a qualified physician or physicians and/or surgeon or
surgeons who shall be selected by the Board, to determine if such disability has ceased
to exist. If the Board finds that the retiree is no longer permanently and totally disabled to
the extent that he/she is unable to render useful and efficient service as a General
Employee the Board shall recommend to the Village that the retiree be returned to their
previous performance of duty as a General Empbyee, and the retiree so returned shall
enjoy the same rights that Member had at the time he/she was placed upon pension. In
the event the retiree is so ordered to return shall refuse to comply with the order within
thirty (30) days from the issuance thereof, Member shall forfeit the right to his/her pension.
The cost of the physical examination and/or re-examination of the employee
or retiree claiming and/or receiving disability benefits shall be borne by the Board of this
Pension Fund System. All other reasonable costs as determined by the Board incident to
the physical examination, such as, but not limited to, transportation, meals and hotel
accommodations, shall be borne by the. Board.
If the retiree recovers from disability and reenters his/her former service with
the Village of Tequesta held prior to disability retirement, his/her service will be deemed
to have been continuous, but the period beginning with the first month for which he/she
received a disability retirement income payment and ending with the date he/she reentered
the service of the Village will not be considered as credited service for the purposes of the
Plan.
The Board shall have the power and authority to make the final decision
regarding all disability claims.
5. ®isabilfty Payments
The monthly benefit to which a Member is entitled in the event of the
Member's disability retirement shall be payable on the first day of the first month after the
Board of Trustees determines such entitlement. However, the monthly retirement income
shall be payable as of the date the Board determined such entitlement, and any portion
due for a partial month shall be paid together with the first payment. The last payment will
be:
A. If the plan member recovers from the disability or attains his/her
15
May 10, 200
normaY retirement date, the payment due next preceding the date of
such recovery, or
B. If the plan member dies without recovering from the disability prior to
his/her normal retirement date while still disabled, the payment due
next preceding his/her death or the 120'" monthly payment, whichever
is later.
~ecti®r~ 1®. ~estin~.
If a Member terminates his/her employment with the Village, of Tequesta, either
voluntarily or by discharge, and is not eligible for any other benefits under this System, the
Member shall be entitled to the following:
1. If the Member has less than six (6) years credited service and has not attained
the age of sixty-two (62) upon termination, the Member shall be entitled to a refund of
accumulated contribution or the member may leave it deposited with the Fund, in
accordance with the definition of credited service.
2. If the Member has six (6) or more years of credited service upon termination, or
alternatively, the Member has attained the age of sixty-two (62), regardless of credited
years of service, the Member shaft be entitled to a monthly retirement benefit that is the
actuarial equivalent of the amount of such retirement income otherwise payable tohim/her
commencing at the Member's otherwise normal or early retirement date, provided he/she
does not elect to withdraw his/her accumulated contributions and provided the Member
survives to his/her normal or early retirement date.
3. Any plan member of the System whose position is terminated, for whatever
reason, but who is employed by the Village in some capacity, shall have all retirement
benefits accrued up to the date of such termination under this System preserved, provided
he does not elect to withdraw his/her accumulated contributions from this System. Such
Accrued retirement benefits shall be payable at his/her otherwise normal retirement date
hereunder, or later, in accordance with the provisions of this System.
Secti®n 11. ®pti®nal Forms ®f Benefits
1. In lieu of the amount and form of retirement income payable in the event of
normal or early retirement as specified herein, a plan member, upon written request to the
Board of Trustees and submission of evidence of good health (except that such evidence
will not be required if such request is made at least three (3) years prior to the date of
commencement of retirement income or if such request is made within six (6) months
following the effective date of the Plan, if later), and subject to the approval of the Board
of Trustees, may elect to receive a retirement income or benefit of equivalent actuarial
16
May 10, 2005
valuation payable in accordance with one of the following options:
~. A ret66~ment income of a larger monthly amount, payable to the
Member for his/her lifetime only.
B. A retirement income of a modified monthly amount, payable to the
Member during thejoint lifetime of the Member and a dependent joint
pensioner designated by the Member and following the death of either
of them, 100%, 76%, 66-2/3%, or 50% of such monthly amounts
payable to the survivor for the lifetime of the survivor.
~. Such other amount and form of retirement payments or benefits as,
ie`t~ the opinion of the Board of Trustees, will best meet the
circumstances of the retiring Member.
2. The Member, upon electing any option of this section, will designate the joint
pensioner or beneficiary (or beneficiaries) to receive the benefit, if any, payable under the
Elan in the event of f`~?e Member°s death, and will have the power to change such
designation from time to time, but any such change shall be deemed a riew election and
will be subject to approval by the Board of Trustees. Such designation will name a joint
pensioner or one or more primary beneficiaries where applicable. If a Member has elected
an option with joint pensioner or benefiaary and the Members retirement income benefits
have commenced, the Member may thereafter change his/her designated joint pensioner
or ber~ ~ciary, but only if the Board of Trustees ~nsents to change and if the joint
pension ~~r or beneficiary, but only if the Board of Trustees consents to change and if the
joint pensioner last previously designated by the Member is alive when he/she f les with the
Board of Trustees the request for such change.
3. The consent of joint pensioner or beneficiary to any such change shall not be
required.
4. The Board of Trustees may request such evidence of the good health of joint
pensioner that is being removed as it may require and the amount of the retirement income
payable to the Retiree upon designation of a nevv joint pensioner shall be actuarially
redetermined taking into account the age and sex of the former joint pensioner, the new
joint pensioner, and the Retiree. Each such designation will be made in writing on a form
prepared by the Board of Trustees and on completion will be filed with the Board of
Trustees.
":~ the event that no d~ -mated beneficiary survives the Member, such benefits as
are payable in the event of the death of the Member subsequent tohis/her retirement shall
be paid as provided in Section 12.
17
May 10, 2005
~. Retirement income payments shall be made under the option elected in
accordance with the provisions of this section and shall be subject to the following
IlrnBtatBOnS:
A. If a Member dies prior to his/her normal retirement date or early
retirement date, whichever occurs, no retirement benefit will be
payable under the option to any person, but the benefits, if any, will
be determined under Section ~.
B. If the designated beneficiary (or beneficiaries) or joint pensioner dies
before the Member's retirement underthe Plan, the option elected will
be canceled automatically and a retirement income of the normal form
and amount will be payable to the Member upon his/her retirement as
if the election had not been made, unless a new election is made in
accordance with the provisions of this section or a new beneficiary is
designated by the Member prior tohis/her retirement and within ninety
(90) days after the death of the beneficiary.
C. If both the retired Member and the beneficiary (or beneficiaries)
designated by the Member die before the full payment has been
effected under any option providing for payments for a period certain
and life thereafter, made pursuant to the provisions of subsection 1,
the Board of Trustees may in its discretion, direct that the computed
value of the remaining payments be paid in a lump sum and in
accordance with Section 12.
®. If a Member continues beyond his/her normal retirement date pursuant
to the provisions of Section 7, subsection 1, and dies prior to his/her
actual retirement and while an option made pursuant to the provisions
of this section is in effect, monthly retirement income payments will be
made, or a retirement benefit will be paid, under the option to a
beneficiary (or beneficiaries) designated by the Member in the amount
or amounts computed as if the Member had retired under the option
on the date on which his/her death occurred.
0. The Member may not change his/her retirement option after the date of cashing
or depositing his/her first retirement check.
Secti®n 12. t3eneficiaries.
1. Each Member may, on a form provided for that purpose, signed and filed with
18
Niay 10, X005
ar beneficiaries) to receive the benefat, if
nt of hislher death; and each designation may be
the Board of Trustees, design~t a herief~ciary ( card of Trustees a new
any, which may be payable i -- -;-{ filing with the B
revoked by such IViember .
designation-of-beneficiary fc -~ in the manner prescribed in
`-:~ nar~"V~- a beneficiary a dec~a5e~ nhember
2. If a dec~::~,sec' _•... ~-;~ ~~, Warned by
°,eneficiaries) able under the Plan
sut~~~~~~~~~- , .~~ .. :' •~' ~ ~- e~°~°~' ~ ~- which maybe pay
,~, g't, if any,
~~ .hall be paid, in the discretion of the Board o
prE;!_~:.~ases the linembe .the desk
with respect to ,- : `~! al~cease^d ~,ee
Trustees, eith~: ..;x:
p,, The wife or dew. ~{~~ ~hildren of the ~ernber;
[~. The =,-~pen~ent ~~~;; .,; eiere:~ts o¢ the ~ernber; or
_ s 1Fe~. $ernber.,
~. '.. ':a
..,~: ~;ures ref®o°e the ~®ar~ ®ecis~®~v.
Section ~ ~. ~bai~ . `:~~:_
1. If any N1eml: ~~ :~,i ~~~'~~~~t:em has beer
visions of this ordinance
-; d,~nder '~h~ -rys
,~. Place., ~.,
_ _ '7i. ; she required
or
B
Pla ~.:
nu =
Pn'~4.ia~~r., ._f
, „ ~. ~~,
s~,: 1;
the ~~
nar~~. ~
revi~ . of
time -.,r ~
deter, ~.~t
revie4°o.
~,,.. ,
-~~~~.~~' ~~'"`~ . ~±~cfied with the amount
~r t~, r~~ ., ~ o that he should be
~~er` ~ ,~~,~, ou -~~ue~4._ in writing,
': , r4= A~ ;:~ r~~ - ~en~ber may,
- ~. ,~
e
~~ - ; ~~ ti G
~„ -. -,, ~, '~.-,~=€'r ~` 4he Board si~ail Fevie~!+r
,,per case ~ ht and grope( within
~ ,> d z=~ ..: d,~~ ._ it deems rig
uch written request and t and aelPtbof
-~:t~ such ardef `t~of son as
;~ rorr~ receip tease authorization
a w~~lten medical ~ health care Providers for such
of all treating that the Board may extend the
3resses rovided, five (451 days if it
~ility claims, P an additional forty- oats
order by for discovefy in full and adeq
,ng such
Bch time is necessary
2- In the event +'-~r~t
such benefits =:~r
put in writing. :~t
he Board denies the cl f he Board shall be
order from t the order o
6es the claim for benefits,
written order shall include:
19
May 10, 2005
A. The specific reasons for the denial, including specific references to
pertinent provisions of the retirement system on which such denial is
based;
13. A description of any additional material or information that the Board
feels is necessary for the member to perfect his/her claim, together
with an explanation of why such material or information is necessary;
and
C. An explanation of the review procedure next open to the Member.
Such review procedure shall provide that:
(1) Prior to such review, the Member or his/her duly authorized
representative may review any pertinent documents including Plan
provisions, minutes of the meeting of the Board in which denial fo the
claim was originally recommended, and any other documents material
to the case;
(2) After such review, the Member and/or his/her duly authorized
representative shall submit their case in writing to the Board and
request a hearing. Such submission shall be filed with the Board no
later than ninety (90) days after the receipt of the order of the Board.
Upon receipt of the written submission by the Member, the Board
shall schedule an opportunity for a full and fair hearing of the issue
within the next ninety (90) days, and such scheduled hearing shall be
communicated in writing to the Member. The Member and/or his/her
duly authorized representative may then appear at such scheduled
hearing to present their case, The Board shalt consider the facts
presented at the scheduled hearing and shall, within thirty (30) days
after such hearing, make a finial ruling in writing on the request of the
Member. The written decision shall include the reasons for such
decision and, such decision shall be final.
(a) The Chairman shall preside over the hearing and shall
rule on all evidentiary and other legal questions that
arise during the hearing.
(b) Either party, the daimant or the Board, may file
pleadings within the time limits set herein. Procedural
motions are to be determined by the Chairman of the
Board at any time. All parties are to famish copies of all
pleadings to the opposing parties and exchange lists
20
I~ay 1 g, 20x5
with names aid addresses of witnesses expected to ~
called to testify at the hearing, as well as the list of
exhibits that are intended to be introduced, at least
forty-five (45) days prior to the hearing. Testimony of
witnesses shall be under oath or affirmation.
®epositions or affidavits shall not be admissible unless
upon stipulation by all parties. The Chairman, any
Member of the ,Board, the attorney for the Board, the
claimant and the claimant's attomey, upon recognition
by the Chairman, may direct questions to any witness
during the proceedings. Each party shall have the right
to present evidence relevant to the issues, to cross-
examine witnesses, to impeach witnesses and to
respond to the evidence presented against the party.
Each party shall have the right to present any opening
and closing arguments. Any party may secure the
services of a court reporter to record the proceedings
with the cost to be borne by the party requesting the
court reporter or requesting the transcription of the
proceedings.
c) In all cases, unless otherwise provided in this section,
the burden of proof shall be on the claimant who seeks
to draw his/her entitlement to a pension, disability
pension, or increased pension benefits.
3. In all proceedings under subsections 1 or 2 hereof, the Board shall have the
power to subpoena. and require the attendance of witnesses and the
production of documents for discovery prior to and at the proceedings
provided for in each paragraph. A reasonable fee may be charged for the
issuance of any subpoenas not to exceed the fees set forth in Florida
Statutes.
Secti®n 14. R®ster ®f 62etirees
The Secretary of the Board shall keep a record of all persons enjoying a pension
under the provisions of this Ordinance in which it shall be noted the time when the pension
is allowed and when the same shall cease to be paid. Additionally, the Secretary shall
keep a record of all General Employees employed by the Municipality who are Members
of the plan in such a manner as to show the name, address, date of employment and date
such employment is terminated.
21
It~ay 10, 2006
Secti®~ ~ ~. ~®aP~9 Ott®Proe~ and ~r®fesso®~aBs
The Board may employ independent legal counsel at the Pension Fund's expense
for the purposes contained herein, together with such other professional, technical, or other
advisors as the Board deems necessary.
Section ~ 6. a~irnur~ Pensi®r~.
1. Basic Limitation. Subject to the adjustments herein set forth, the maximum
amount of annual retirement income payable with respect to a Il~ember under this Plan
shall not exceed the limitations set forth in §41.5 of the Code.
2. additional Limitation on Pension Benefits. Notwithstanding anything herein
to the contrary:
A. The normal retirement benefit or pension to a retiree who becomes a
member of the Plan and who has not previously participated in such
Plan, on or after January 1, 1980, shall not exceed 100 percent of
his/her average final compensation. However, nothing contained in
this section shall apply to supplemental retirement benefits or to
pension increases attributable to cost-of-Living increases or
adjustments.
B. No member of the Plan who is not now a member of such Plan shall
be allowed to receive a retirement benefit or pension which is in part
or in whole based upon any service with respect to which the member
is already receiving, or will receive in the future, a retirement benefit
or pension from another retirement system or Plan. This restriction
does not apply to social security benefits or federal benefits under
Chapter 67, Title 10, U.S. Code.
Secti®n ~7. C®rrirnencernent ®f ~enefts
1. Unless the Member otherwise elects, with such election being in writing and
to-the Trustees and specifying the form of retirement income and date on which the
retirement income is to commence, the payment benefits under the Plan to the Member
shall commence not later than the 60'" day after the dose of the Plan Year in which the
latest following events occur:
A. The attainment by the Member of age 65
B. The 10'" anniversary of the date on which the Member commenced
participation in the Plan; or
22
May 10, 200
C. The termination of the Member's service with the Village of Tequesta
2. Bf the payment of a Member's retirement income cannot begin on the date
required under subsection 1 of the Section because the Trustees either cannot ascertain
the amount of the Member's retirement income or cannot locate the Member after making
reasonable efforts to do so, the payment of the Member's benefit shall begin not later than
sixty (60) days after the date on which the amount can be ascertained or the Member is
located, whichever is applicable. Any such payment shall be made retroactive to a date
which is not earlier than the date on which the payment of the Member's benefit was
scheduled to begin but which is not later than the date specified under subsection 1 of this
Section.
section '6 ~. ®istribt~ti®r~ ®f benefits.
Notwithstanding any other provision of this Plan to the contrary, a form of retirement
income payable from this Plan after the effective date of this ordinance, shall satisfy the
following conditions:
If the retirement income is payable before the Member's death,
A. it shall either be distributed or commence to the Member not later
than April 1 of the calendar year following the later of the calendar
year in which the Member attains age 70'/a, or the- calendar year in
which the Member retires,
B. the distribution shalB commence to them not later than the calendar
year defined above; and shall be paid over the life of the Member or
over the lifetimes of the Member and spouse, issue or dependent, or,
shall be paid over the period extending not beyond the life expectancy
of the Member and spouse, issue or dependent.
W here a form of retirement income payment has commenced in accordance
with the preceding paragraphs and the Member dies before his/her entire
interest in the Plan has been distributed, the remaining portion of such
interest in the Plan shall be distributed no less rapidly than under the form of
distribution in effect at the time of the Member's death.
2. If the Member's death occurs before the distribution of his/her interest in the
Plan has commenced, the Member's entire interest in the Plan shall be distributed within
five (5) years of the Member's death, unless it is to be distributed in accordance with the
following rules:
A. The Member's remaining interest in the Plan is payable to his/her
23
May ~ 0, X005
spouse, issue or dependent;
S. -The remaining interest is to be distributed over the life of the spouse,
issue or dependent or over a period not extending beyond the life
expectancy of the spouse, issue or dependent; and
C. Such distribution begins within one year of the Member's death unless
.the Member's spouse, issue or dependent shall receive the remaining
interest in which case the distribution need not begin before the date
on which the Member would have attained age 70'/z and if the
spouse, issue or dependent dies before the distribution to the spouse,
issue or dependent begins, this Section shall be applied as if the
spouse, issue or dependent were the Plan Member.
Secti®ra ~ 9. 11Aiscellane®us Pr®visi®n.
1. Interest of Members in Pension Fund. .4t no time prior to the satisfaction of
all liabilities under the Plan with respect to Members and their spouses or beneficiaries,
shall any part of the corpus or income of the Pension Fund be used for or diverted to any
purpose other than for their elusive benefit.
2. No amendment or ordinance shall be adopted by the Village Council of the
Village of Tequesta which shall have the effect of reducing the then vested accrued
benefits to Members or Members beneficiaries.
3. Rollover ®istributions.
A. This subsection applies to distributions made on or after January 1,
1933. Notwithstanding any provision of the Plan to the contrar~r that
would otherwise limit a distributee's election under this subsection, a
distributes may elect, at the time and in the manner prescribed by the
Soard of Trustees, to have any portion of an eligible rollover
distribution paid directly to an eligible retirement plan specified by the
distributee in a direct rollover.
S. ®efinitions.
(1) "Eligible rollover distribution" is any distribution of all or any
portion of the balance to the credit of the distributee, except
that an eligible rollover does not include any distribution that is
one of a series of substantially equal periodic payments (not
less frequently than annually) made for the life (or life
expectancy) of the distributee or distributee's designated
24
May 10, 2005
beneficiary, or for a specified period of 10 years or more; any
distribution to the extent such distribution is required under
section 401(x)(9) of the Code; and the portion of any
distribution that is not includible in gross income.
(2) "Eligible retirement plan" is an individual retirement account
described in section 408(x) of the Code,, an individual
retirement annuity described in section 408(b) of the Code, an
annuity plan described in section 403(x) of the Code, or a
qualified trust described in section 401(a) of the Code, that
accepts the distributee's eligible rolloverdistribution. However,
in the case of an eligible rollover distribution to the surviving
spouse, an eligible retirement plan is an individual retirement
account or individual retirement annuity.
(3) "Distributes" includes an employee or former employee. In
addition, the employee's or former employee's surviving
spouse and the employee's or former employee's spouse who
is entitled to payment for alimony and child support under a
domestic relations order determined to be qualified by this
Fund are distributees with regard to the interest of the spouse
or former spouse.
II
(4) "Direct rollover is a payment by the Plan to the eligible
retirement plan specified by the distributee.
Secti®n 20 Fte~eai ®r Terrviinati®n ®f Systern.
1. This Ordinance establishing the System and Fund, and subsequent
Ordinances pertaining to said System and Fund, may be modified, terminated, or
amended, in whole or in part; provided that if this or any subsequent Ordinance shall be
amended or repealed in its application to any person benefitting hereunder, the amount of
benefits which are the time of any such alteration, amendment, or repeal shall have
accrued to the Member or beneficiary shall not be affected thereby, except to the extent
that the assets fo the Fund may be determined to be inadequate.
2. If this Ordinance shall be repealed, or rf contributions to the System are
discontinued, the Board shall continue to administer the System in accordance with the
provisions of this Ordinance, for the sole benefit of the then Members, any beneficiaries
then receiving retirement allowances, and any future persons entitled to receive benefts
under one of the options provided for in this Ordinance who are designated by any of said
Members. In the event of repeal, or if contributions to the System are discontinued, there
25
I~ay 10, 2005
shall be full vesting (100%) of benefits accrued to date of repeal and the assets of the
System shall be allocated in an equitable manner to provide benefits on a proportionate
basis to the persons so entitled in accordance with the provisions thereof.
3. The following shall be the order of priority for purposes of allocating the
assets of the System as of the date of repeal of this Ordinance; or if contributions to the
System are discontinued with the date of such discontinuation being determined by the
Board.
A. Apportionment shall first be made in respect of each retired General
Employee receiving a retirement or disability benefit hereunder on
such date, each person receiving a benefit on such date on account
of a retired or disabled (but since deceased) General Employee who
has, by such date, become eligible for normal retirement but has not
yet retired, an amount which is the actuarial equivalent of such
benefit, based upon the actuarial assumptions in use for purposes of
the most recent actuarial valuation, provided that, if such asset value
be less than the aggregate of such amounts, such amounts shall be
proportionately reduced so that the aggregate of such reduced
amounts will be equal to such asset value.
B. If there be any asset-value remaining after the apportionment under
paragraph A, apportionment shall next be made in respect of each full
time General Employee in service of the Village of Tequesta on such
date who has completed at least six (6) years of credited service and
who is not entitled to an apportionment under paragraph A, in the
amount required to provide the actuarial equivalent, as described in
A above, of the accrued normal retirement benefit based on the
credited service and average monthly earnings as of such date, and
each vested former Member then entitled to a deferred benefit who
has not by such date, begun receiving benefit payments, in the
amount required to provide said actuarial equivalent of the accrued
normal retirement benefit; provided that, if such remaining asset value.
be less than the aggregate of the amounts apportioned hereunder,
such latter amounts shall be proportionately reduced so that the
aggregate of such reduced amounts will be equal to such remaining
asset value.
C. If there be any asset value after the apportionment under paragraph
A and B, apportionment shall be made in respect of each full time
General Employee in service of the Village of Tequesta on such date
who is not entitled to an apportionment under paragraphs A and B in
the amount equal to Member's Accumulated Contributions, provided
26
nay 1®, 20®~
that, if such remaining asset value be Bess than the aggregate of the
amounts apportioned hereunder such latter amount shall be
proportionately reduced so that the aggregate of such reduced
amounts will be equal to such remaining asset value.
®. If there be any asset value remaining after the apportionment's under
paragraphs A, B and C, apportionment shall lastly be made in respect
of each Member included in paragraph C above to the extent of the
actuarial equivalent, as described in paragraph A above, of the
accrued normal retirement benefit, less the amount apportioned in
paragraph C, based on credited service and average monthly
earnings as of such date provided that, if such remaining asset value
be less than the aggregate of the amounts apportioned hereunder
such amounts shall be reduced so that the aggregate of such reduced
amounts will be equal to such remaining asset value.
E. !n the event that there be asset value remaining after the full
apportionment's specified in paragraphs A, B, C, and ®, such excess
shall be returned to the Village.
The allocation of the Fund provided for in this subsection may, as decided by the
Board be carried out through the purchase of insurance company contracts to provide the
benefits determined in accordance with this subsection. The Fund may be distributed in
one sum to the persons entitled to said benefits or the distribution may be carried out in
such other equitable manner as the Board may direct. The Trust may be continued in
existence for purposes of subsequent distributions.
4. After all the vested and accrued benefits provided hereunder have been paid
and after all other liabilities have been satisfied, then and only then shall any remaining
fund revert to the General Fund of the Village.
Section 21. Exerri~atior~ from Exece~ti®n F6on~ssignabiGty
The pensions, annuities, or any other benefits accrued oP accruing to any person
under the provisions of this Ordinance and the accumulated contributions and the cash
securities in the Fund created under this Ordinance are hereby exempted from any state,
county or municipal tax of the state and shall not be subject to execution, attachment,
garnishment or any legal process whatsoever and shall be unassignable. However,
pursuant to an income deduction order, the Trustees may direct that retirement benefits
be paid for alimony or.child support in accordance with rules and regulations adopted by
the Board of Trustees.
27
May ~ g, Z'0~5
~ecti®r~ 22. Per~si®n F~aiidit~
The Board of Trustees shall have the power to examine into the facts upon which
any pension shall heretofore have been granted and under any prior or existing law, or
shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reasons.
Said Board is empowered to purge the pension rolDs of any person heretofore granted a
pension under prior or existing law or heretofore granted under this ®rdinance if the same
is found to be erroneous, fraudulent or illegal for any reason, and to reclassify any person
who has heretofore under any prior or existing law been or who shall hereafter under this
Ordinance be erroneously, improperly or illegally classified.
Secti®n 23. F®afeittare ®f Peresi®n.
Any Plan Member convicted of the following offenses committed prior to retirement,
or whose employment is terminated by reason of his/her admitted commission, aid or
abatement of the following specified offenses, shall forfeit all rights and benefits under this
Pension Fund, except for the return of this accumulated contributions as of the date of
termination.
Specified offenses are as follows:
A. The committing, aiding or abetting of an embezzlement of public
funds;
B. The committing, aiding or abetting of any theft by a public officer or
employee from employer;
C. Bribery in connection with the employment of a public officer or
employee;
O. Any felony specified in Chapter 838, Florida Statutes;
E. The committing of an impeachable offense.
2. The committing of any felony by a public officer or employee who willfully and
with intent to defraud the public or public agency, for which he acts or in which he is
employed, of the right to receive the faithful performance of his/her duty as a public officer
or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for
himself or for some other person through use or attempted use of the power, rights,
privileges, duties or position of his/her public office or employment position.
28
May ~ 0, 2005
A. Conviction shall be defined as follows:
An adjudication of guilt by a court of competent jurisdiction; a plea of
guilty or nolo contendere; a jury verdict of guilty when adjudication of
guilt is withheld and the accused is placed on probation; or a
conviction by the Senate of an impeachable offense.
B. Court shall be defined as follows:
Any state or federal court of competent jurisdiction which is exercising
jurisdiction to consider a proceeding involving the alleged commission
of a specified offdnse. Prior forfeiture, the Board of Trustees shall
hold a hearing on which notirce shall be given to the Member whose
benefits are being considered for forfeiture. Said Member shall be
afforded the right to have an attorney present. No formal rules of
evidence shall apply, but the Member shall be afforded a full
opportunity to present his/her case against forfeiture.
Any lifiember who has received benefits from the System in excess ofhis/her
accumulated contributions after Member's rights were forfeited shall be
required to pay back to the Fund the amount of the benefits received in
excess of his/her accumulated contributions. The Board of Trustees may
implement all legal action necessary to recover such funds.
Secti®r~ 24. iVlilitary Service Prior t® Ea~pl®yrnent.
The years or fractional parts of years that a Member serves or has served in the
military service of the Armed Forces of the United States or United States Merchant
Marine, voluntarily or involuntarily, prior to first and initial employment with the Village of
Tequesta shall be added to his/her years of credited service provided that:
1. The General Employee contributes to the Fund the sum that he/she would
have contributed had he/she been a member of the Plan for the years or fractional parts
of years for which he/she is requesting credit plus amounts actuarially determined such
that the crediting of service does not result in any cost to the Fund plus payment of costs
for all professional services rendered to the Board in connection with the purchase years
of credited service.
2. The request shall be made only once and made by the Member on or before
the later of twelve (12) months from the effective date of this Ordinance or six (6) months
from the date of his/her employment with the Village of Tequesta,. whichever is later.
3. Payment by the Member of the required amount shall be made within six (6)
29
61~ay 10, 2005
months of his/her request for credit and shalE be made in one lurr~p sure payment upon
receipt of which credited service shall be given. Credited service purchased pursuant to
this section shall be counted for all purposes except toward vesting of benefits.
4. The rnaxir~urn credifi under this section shat! be five (5) years.
BSJ/na
March 3i, 2005
N:17 equesla GE tOt2lPlan Docs 8 Ru1es12005 Reslale disablGy.wpa
30
1~~~++~®?? A~~A~77gg~~~ ~l~ ~,p'~I~IL~T7Sy~'rli'~E~~gS {~ p ~ r g~ ~7 g ~7 ~ 7 ~7}~ ~ ~77{~
11 H` ~@Jri~~A ~gIIl7~~l®gglP~gg@~Li~1.~7J 1gG,1V~'Il~7~1L~®~r i~~@,7g~~~~9,gJfp~~7}1~a7~ffi®1~7 ~~flJ~li ~lU1VI1S'
1~` ~ u 1 ~AE~ ~ flJ tS1JC~t~~G1R~1L ll 1~Il 1~1~ li 111 V `tom- 10'Hll 1 ~ @J ~~~
Ap~°il 24, 2®06
PA~I~ ~
forwarded electronically from. staff instead of having them in printed form in their
agenda packets.
Board member Koch requested a copy of the draft minutes after they were transcribed; the
other members of the board indicated they preferred to receive the draft minutes in their
agenda packets.
,___., - - -_.._..r--- -
Board member Harding raised the issue that it was mandatory for employees to be in the
pension plan and have 5% taken from their pay as contributions, but they did not receive any
~,:, ~, interest on their contributions into the fund. Board member Harding expressed her opinion
"` " that employees should get some interest on that money when they were leaving. Chair Garlo
asked Attorney Jensen her experience in this matter. Attorney Jensen advised about 213 to
3/4 of the funds she dealt with paid no interest on refunds of contributions, and some paid a
set amount of interest on a refund. Board member Harding requested this be looked into.
Secretary Mangum agreed this issue should be addressed, and commented he thought if
someone had worked five yeazs they should be given something. Board member Koch asked
if she became a policeman if she would get her contributions back, to which Pension
Coordinator Carlisle responded Joe Petrick had been a police officer and received his payout
when he left, and now as Code Enforcement Officer was in the General Employees Pension.
Attorney Jensen responded some cities had city vesting-so as long as an employee was
working for a municipality for the required number of years they were vested-that was a
new item that was coming up in some plans. Board member Paterno commented it was not
that common. An example was given of an employee who worked 3 yeazs as a general
employee and then became a policeman for 20 years-the general pension fund would pay
them for 3 years and then the police fund would pay them for 20 years. Board member Koch
asked what a reasonable interest amount would be. Attorney Jensen commented the boazd
could ask the actuary, and it could be tied to a money market rate or something else, such as
CPI. Board member Paterno questioned what happened if there was a set rate and the mazket
fell below that, concluding it probably would be to their advantage because the market would
be at a loss. Board member Harding noted average interest over a period could be pro rated.
Secretary Mangum discussed how interest could be calculated, using as an example another
pension fund with which he was involved, and advised that the actuary could tell you exactly
the amount of interest and it would not be difficult for the actuary to do--each employee
would have a percentage of interest. Board member Harding reported at her last job she got
10% and was fully vested the first day. Attorney Jensen advised that Board member Harding
had been in a defined contribution plan, which was very different-this plan was a defined
benefit plan which was geared toward the benefit one would receive at retirement. Attorney
Jensen explained that this plan was guaranteed and participants would never outlive those
dollars, and commented that Board member Harding was talking about a type of fund where
the participants were responsible to make decisions and they could outlive the dollars. Boazd
B®Ali~.~ ®lE `I['~~JS71'EES
'~'E~~JES'~'A ~EI~E)l~A~, E~~g,®~~ES9 PEl~SIi®1~1 'lI"11~~TS">i' l~'1i11~~
IbE~>[II1.AR ~~JA~'1I~E~.V I~EE7['~l~l~ I~1I111~1>1JTES
April 249 2006
PAGE ~
member Paterno explained if Board member Harding retired this year the Village would pay
for 40 years if she lived 40 years. With the type of plan she had previously, she would have
to make her payout last 40 years. That was the difference in a nutshell. Chair Garlo
commented the board- was looking at the 24 participants in the plan-those employees were
looking at this plan for the rest of their lives. There had previously been a situation where
payouts had to wait to be approved by the board at their next quarterly meeting so it could
have been 90 days before the employee received payout, with no interest, butthis board had
undid that policy. Board member Harding commented she would like to see some kind of
interest, and suggested asking Steve Palmquist how much it would cost to do a cost study.
Attorney Jensen advised there would be a cost to pay interest on refunds of contributions and
the fund's cost savings as a result of turnover would be less. Board member Paterno
commented that $106,000 for the past year could become zero. Board member Paterno
stated he understood Board member Hazding's position but his job here was to add benefits
or make sure there was money in the program at the end-and asked if it was the Village
Council's decision to add benefits. Attorney Jensen advised the board's job was to actin the
best interests of the participants and beneficiaries to ensure the integrity of this fund.
Improving benefits was something the board could recommend as an advisory board but
ultimate authority to make that decision was by the Village Council and required an
ordinance. Pension Coordinator Carlisle commented there would be a cost to the Village if
they had to do another actuarial report. Secretary Mangum commented if there was
unfairness it needed to be addressed. It was confirmed that the amount of payouts without
interest during the past year had been $106,000, but the time over which that had
accumulated was unknown.
Board member Koch asked if there were more participants how would that change the
integrity of the pension fund, to which the response was it just made it bigger-there would
be more money involved. Board member Paterno commented the cost to the Village would
be less than 1%. Page 15 was referred to, which showed a turnover rate of 25%. Board
member Hazding suggested paying interest only after one year employment. Secretary
Mangum indicated he would like to know how much money would be involved. If
something happened and an employee had to leave after four years he only got his money
back, which Secretary Mangum considered unfair, and suggested paying cumulative 2% over
4 years -if the employee put in $7,500 it would cost the Village $700 in interest.
Secretary Mangum expressed his opinion the interest could be calculated easily from the first
day an employee was in the plan to the last day, and if it cost the town a little that was
secondary to this board's concerns, and that was why the residents paid taxes. Secretary
Mangum commented the board should not expect arisk-there was no risk. Chair Garlo
commented it was not unusual for the government to have plans that were all about the
B®~~~17~®ggF TRU~,TS'1['~1~7~~ r r ~T 7~ g~ p~ ~T 7~~7 y{7~7
~A~~LLJ~~H~ C~NEI[1~1L l~MP1L~H7~lp~,1G S~9~7Hg7~71~V~~~®1~1 T1I~RJ~T ~FlJ1V~
JLFa~` ~ UIL~ ~ aJ ~1[~Tl~ ~ li , II 1~'Il1GlET1~L1 ~9 ~ 1'}11'11 a 4iJ T~
Apri124, 2M6
PAGE l®
retirement, police and fire employees expected to work there 20 years, and there were really
two different philosophies. Board member Paterno commented there were tradeoffs on both
sides-an employee was guaranteed retirement for the rest of their life in return for only
getting their contribution back if they left. Secretary Mangum was concerned about
employees who had no choice but to leave early. Attorney Jensen advised most plans vested
at 10 years but this one was only 6 years.
Accounting Manager Monaco spoke as an employee in the plan and suggested offering an
option not to participate, which was then discussed, with the conclusion that this fund would
not remain viable. Chair Garlo indicated it would cost money to have Mr. Palmquist to this
research; Attorney Jensen advised the board would have to provide parameters. Dwing
ensuing discussion it was noted participation in the plan was mandatory and new employees
were now told they would earn no interest on their contributions if they left before six years.
Board member Harding commented those were issues the employee felt they could worry
about later. Chair Crarlo commented it was not unusual not to get interest and he had not
heard anyone complain. Secretary IVlangum stated, do not pwsue no contributions-it had to
be mandatory, and should be looked at like insurance, but he had been amazed to learn
someone who left got nothing in interest ifthey worked 4-1/2 years. Board member Paterno
commented this plan would grow as older employees retired and new people came into the
plan.
The proposal to have Mr. Palmquist do a cost study and the amount of interest to pay was
discussed. Attorney Jensen recommended asking the cost if 1% interest were paid, and if
that could be doubled to get the amount for 2%, etc. Using the CPI rate, which had been
around 3% lately, was discussed. Board member Harding suggested Secretary Mangum
come up with something as a guide rather than taking it outside; however, Secretary Mangum
indicated he would not want to come up with something for the board-he would prefer it be
done in a more official capacity.
M®T'I®I~Tq
Board member l-Iarding made a motion that when an employee left the pension plan
prior to being vested and after a minimum off 12 months employment that they receive
3% on their money when they leave. Secretary Mangum seconded the motion for
discussion purposes. Board member Koch commented she did not know how much a
study would cost-things seemed to cost slot-and the Council would have to give final
approval. attorney .lessen advised that there must be a cost study for the Village to
submit to the State between first and second reading, and most municipal Councils
would like to know the cost in the beginning, so it was much better to have a cost study
going in. Chair Garlo agreed. Board member Paterno commented you would have to
have a cost study either way before it could go to the next step-Council approval.
~~®~RI~ ®~ T~IJSTIE~S
g.~~CJ 1G~~~ ~p~1V~ 1C.19'IiIC~~II L1~~9 ~~l®~ll®1'0 Y~~1J J'~ E` 1U1VIY
I~~IILAR ~I_I~li~7l'1FI2L~' MFFTII~IC MI1~I~T'I'lES
April 2~, ~®®~
~f~~~ ~ ~
Chair Garlo noted any clsange to the existing plan ree~uired `Pillage Council approval.
hoard member Paterno commented it might be better to do a cost study before corning
up with a figure. Secretary MangunB commented he had seconded the nDOtion, but
believed that would be a more appropriate route to know what they were talking about,
and he felt a study should not be that expensive--we coaald ask our actuary what it
would cost us and tell him the situation and he might come up with asuggestion-he
would ask the actuary for ideas. Chair Garlo commented the actuary probably had
already done a lot of the work, but he was probably going to do projections on turnover
anticipated and eactrapolation, and they all knew b-afore it went to Village Coaencil they
were going to want to see a study. Board member Patern® commented it needed to be
in a form for the Coa~ncil that was ready to move on. hoard member Larding
withdrew her ffiotion.
Discussion ensued, following which. Secretary R~Iangum made the following motion:
M®TI®1Ve
Secretary Mangugn made a motion to have the Finance Department contact the actuary
for an estimate of the cost of a study to find out how Heath it would cost to pay interest
on non-vested withdrawals. hoard meanber I~Iarding seconded the motion, which
carried by unanimous 5-0.
The Finance Department was asked to report the actuary's response at the next quarterly
meeting.
XIII. C®1®'il®'IIJNIC.~~'I®1VS FIt®1VI CITIZEI~IS
1Vo citizens were present.
XIV. ~J®UI~TMEI~~'
'T'here being no further business, upon motion by hoard rneffiber Larding, seconded by
Secretary Mangum, the meeti®g was adjourned at 9e59 a.mm~.
Respectfully submitted,
.' >~, ,. 9
,~ 1 '.. ~, tip ~/ ~f.;~~.~.-'t,/'?_.a/
Betty Lam r
Recording Secretary
BOARD OF TRUSTEES
TEQUESTA GENERAL, EMPLOYEES' PENSION TRUST FUND
REGULAR QUARTERLY MEETING MINUTES
August 7, 2006
PAGE 3
``~ masked that he not be considered in this decision since this might be his last meeting.
~~~
Disi~t~ssion ensued regarding the date.
MOTION: `'~ ;_
Board member Koch made a motion to change the meeting date from the 4th Monday to
the first Monday an~I rotate the times of 8:00 a.m. and 10:30 a.m. to synchronize every
other meeting with the~~l~ublic Sa€ety Officers' Pension board. Secretary Mangum
seconded the motion, whic$~c~rried by unanimous 5-0 vote contingent upon the Public
Safety Officers board agreeing'tQ coordinate. It was announced that the next meeting
would be at 10:30 a.m. on November 6.
~_-=:~
r~
~:
i
A~~~~
Chair Gazlo noted the fund in comparison to th~~dexes was doing well and questioned what
the market was like, to which Mr. Bogdahn respol~ded this fund had a better chance of
getting to their assumption than 99% of the funds-mos~~d a 4%-5% range. It had been a
tough time, and more and more were asking about hedge s but his opinion was that
pension funds could not invest in them-they did not tell you wha`t~they were doing so you
did not know if they were violating other rules the pension must follows.., Mr. Bogdahn
reported hedge funds were blowing up and when they failed it disturbed.~the markets.
Historically the stock market made 10%; last yeaz it was up less than 5%, and` 2006 it
would not come close to 10%. In his opinion until the regulation of hedge funds the ~~ ket
volatility would continue and it was not a rosy outlook for the mazket, but this fund was in"'a
great position with Dana outperforming the market.
`'. UNFINISHED BUSINESS
REPORT BY FINANCE DEPARTMENT REGARDING COST OF A STUDY
REGARDING COST TO PAY INTEREST ON NON-VESTED WITHDRAWALS
Patrice Monaco, Accounting Manager had provided an e-mail indicating Mr. Palmquist
would do the requested study to provide calculations for the fund to pay 3% interest on non-
vested withdrawals for $600-$500, and this would be a minimal increase in the Village
contribution.
Secretary Mangum made a motion for discussion purposes to have Gabriel Roeder Smith
do a study to determine the cost impact to the fund of crediting 3% interest on the
employee contribution prior to vesting. Board Member Koch seconded the motion.
Discussion ensued. Secretary Mangum felt the calculation could be done very simply on
1 % and then increased to the percentage desired. It was clarified that a study was
required. The motion was amended to clarify the calculation would be on 1 % through
5% calculated on the balance, not compounded. The amended motion was seconded by
BOARD OF TRUSTEES
'I'EQUESTA GENERAL EMPLOYEES9 PENSION TRUST FUND
REGULAR QUARTERLY MEETING MINUTES
August 7, 2006
PAGE 4
Board Member Koch. Motion carried 5-0. It was clarified that this would be effective
on passage. In response to Boardmember Hazding's question as to whether the Village
Council might change the recommended percentage, it was clarified that the Council
would look at the amount of increase in the Village's contribution and either approve or
deny this board's recommendation.
. _ .. ,_ __
_..
,:,__,,,
~iair Garlo referred to page 4 of the minutes, which mentioned Gabriel Roeder Smith,
but should have been the auditing firm, and Ms. Carlisle clarified that needed to be
change ~.~n the minutes to Rachlin Cohen.
RESPONSE ~O CHAIR GARLO REGARDING WHETHER THE EMPLOYEE
BENEFIT STA"MENT IS PROVIDED ANNUALLY OR EVERY TWO YEARS
Gwen Cazlisle, Pensiori`~oordinator, advised she had spoken to Mr. Pahnquist, who advised
the benefit statements wer~done every other year, and he would be happy to provide them
every yeaz but there would b`&~an additional cost for this service. Chair Garlo indicated he
had thought it was in the plan thestatements were to be provided every year. Mr. Palmquist
had not indicated what the cost v~uld be. Chair Garlo expressed his opinion employees
were entitled to a statement every yeah Discussion ensued. It was clarified that although the
Finance Department had the informat, the benefit statements must be provided by the
actuary. In discussing whether the Puc Safety Officers' Pension provided annual
statements, Attorney Jensen indicated she tho° t they had their actuary report one year and
then only the benefit statements the next yeaz~air Garlo commented he would research
this matter, talk with Human Resources, and bring~this back to the next meeting.
VI. CONSENT AGENDA
Chair Gazlo announced he had pulled item 6, Approval of New Applicants in the Pension
Plan, because Kevin Sossi was no longer here. Attorney Jensert~;advised he was a member
of the plan for the time he worked here. Ms. Carlisle commente~~Roger Ramdeen had
also worked for a very short time, 12 days, and it was pointed out tl~t he should have
been listed as a new applicant as well as under ratification of withdrav~,als. Boazdmember
Harding made a motion to approve the Consent Agenda with the addition, as stated.
Secretary Mangum seconded the motion, which caried by unanimous 5-0 vote.
Therefore, the following items were approved on the Consent Agenda
Payments:
Business Services Connection - 4/24/06 meeting and minutes $ 265.82
Hanson, Perry & Jensen, P.A. ~ 932.20
Bogdahn Consulting, LLC S 750.D0
1~~~1 ~~ Ti'RITSTLIIS
T~QIJLS'I'A ~LI~ER~L IEMI~L~~'IELSs PEI~SI~I~ 'I'RI1ST I+~T1~105
RJEE~IJI.AI~ Qf~JAR')1'E.,V MI~~B'I1~iC 1~I1~ITTLS
~'ehrrua~°y ~, 20tF~
PAGL 2
~°egul~r a-uartea°-y uneeting as subtnit-te~de >~®ar°d ffiembe~° Reid sec®ncled k-ie nn®ti®n,
evbich ca~°o-i¢d by ~nnani~®a~s v®t~e
Vo ~'ELC~1~L+ I~Tl1JW ~®ARI) l~El~'IBER CARL I~IAI~'SEI~T AND IOW PEI~SI®1~T
C®~RI)I1~A'I'®It L®RI McWII~I.IAMS
Chair Harding extended a welcome to new Board member Hansen and to the new Pension
,.:_:._._._._._.,.__.__,.Coordinator and Village Clerk Lori Mc~lilliams.
,; _
VIe I~FINISIEIED BTJSIl~ESS
j C®~sideratii®n ®4' paying nn~erest ®n emp-®yee c®nte°iba~ti®ns -Se¢° Gal~rie-9 Ia®ede~- and
ii S~it>b C'®~pany's ca-cu-ati®ns P~°®p®sa-
I
~% Pension Coordinator McWilliams advised that calculations which the board had requested
from Steve Palmquist of Gabriel, Roeder, Smith and Company were included in the meeting
packets, with calculations for paying interest at the rate of 1 % to 5% on employee
contributions. This item was being brought before the board for a decision on the rate of
interest to be offered. For benefit of new member Hansen, Chair Harding explained that the
board had decided to pay interest on contributions made into the pension plan to departing
employees who left before being vested; the actuary had been requested to provide
calculations on paying interest at rates of 1 % up to 5%, so that the board could make a
decision on what rate to pay. This meant, for example, that an employee who left after four
years and had paid money into the pension fund would receive their money back plus a small
amount of interest rather than only their contribution. Chair Harding advised that Secretary
Mangum had been helping with this, and the board had felt interest in the range of probably 2
or 3 percent was warranted for having the money sit in an account. Chair Harding suggested
3 %.
Attorney Jensen advised this would be a change to the ordinance for the pension plan
document; the actuarial impact had already been prepared and was attached showing that
would increase the employer's contribution by .O1 %. It was noted that Mr. Palmquist had
indicated he would attend the next Village Council meeting to present this to the Village
Council for consideration of approval. Chair Harding commented that she believed the board
should make a decision today on the rate. Monitor Joe Bogdahn and Attorney Jensen
estimated less than 25% of pension plans paid interest on returned contributions. Board
member Reid commented she would like more information on why such a small percentage
paid interest. Attorney Jensen advised ofthe discussion that led up to this, there was a fairly
high turnover in this pension plan and the boazd wanted to provide those individuals with
some rate of interest, rather than only giving back their contributions. Board member Reid
B~~gg77~~{{.. ~~i.~ T~~n~~,7ST~.rp~'lgl~ g~}~q~~yg g~p~7 p~ }~T g~~7 ~7~,,T g~
~~~4J1CS,9T~p~ ~$l~L,~@l`I~1~L'i~R..l Il`.li~$I Leg®~p'~j~}~T~~9 ~~%7.` ~1{V7Sll~1`C TllRIJS~ ~111`gfill
1~GHJ ~IY H@ ~l'JtT,~T~~ 1L~&LLF~ ~~1V ~LJT~S
Fcbe°uary 5, 2~®7
~~GE 3
expressed concern that she was not understanding why 75% of plans did not pay interest.
Board. member Hansen and Chair Harding stated they were in favor of establishing an
amount. Chair Harding explained that in previous discussions with Secretary lvlangum
present, the intent had been not to make the percentage very high just enough so that
employees would get some interest on their money that had been sitting there for some length
of time, 1~ttorney Jensen pointed out there was no cost difference between providing
between one and four percent.
M®TI®Ne
1~oard member Hansen made ~ motion to pass on to the Viilagc Council a
a a°ecoffimcndation to approve 3°/® interest peed to employees leae~ing before they are
vested in the General Employees Pensio®>plano Board ffieenber I1<arding seconded the
m®tione Motion carrfled by a~nanimous 3-® votee
-- -
.. _
~, ~¢'Q_~r}~~~ ~~a eee cq~ ~j rpm 1~yT ~®n _. _ , .... , ...._
\l` "a.4.,, 1~ViL~~~ II I®1 V 1.3' - - ~.
p'reseatt~tion by I~®nitor
Joe Bogdahn, mfl~ogdahn Consulting,l/I,C, reviewed his presentation booklet for the quarter
ended December ~'k„200f. Mr. Bogdahn noted the first page was a simple performance
report showing cash fly for the quarter, with gain after fees of $31,397.51. Bond returns
for the past year at 4.07% h'a~,been ri ght on top of the benchmark index of 4.07%, which had
been unexpected. Ivlr. Bogdahr~r~viewed equity, noting that the most recent quarter's 6.70%
SAP 500 return had been their larg~s~t single quarter return since 1999. Tequesta's equity
return for the quarter had been 6.02%, vv~ch was very strong, and was the first time in seven
years they had not outperformed the beii~imark. Board member Hansen asked l0~lr.
Bogdahn's opinion regarding whether changing=from FRS to their own pension plans had
been a benefit for the Village, l~lr. Bogdahn explair the FRS contribution rate was higher,
and the Village had more control with their own plans; end from the Village's standpoint
they had a better multiplier rate and it was less expensive`~f~r the Village than if they had
stayed with FRS. Chair Harding stated. on the State pens~i the employee made no
contribution, and on the self funded pension plan, as in the Village of Tequesta pension
plans, the employee was making a contribution, so it was employee money that had come out
of their paychecks that the board had voted to pay interest on.
VIII, C'®1VSEI~1' AGEl~I)r~ °'<`,
Iloard an~ember Reid requested that under Idat~cation of Withdrawals made sine the
last meeting on 2-si~ature basis, 113o1b Garb and Russell mite be pulled, since tlbey
Gabriel Roeder Smith ~ Company 301 Fast Las Olas Blvd- 954.521.7616 phone
Consulranrs & Actuaries Suite 200 954.525-0083 fax
Ft Lauderdale, FL 333011-2254 ~n~ww.gabrielroed.er.com
January 19, 2007 ~;
l"' ~
~ m
Ms. JoAnne Forsythe ~.
Finance Director
~ ~
~ rr-1
Village of Tequesta
345 Tequesta Drive ~
._,
Tequesta, Florida 33469 ~ ~
Re: Proposed changes to General Employees Pension Plan
Dear JoAnne:
Pursuant to the request of the General Employees Pension Board, we have prepared the
enclosed Supplemental Actuarial Valuation Report. This Report shows the actuarial impact of
providing interest on employee contributions using rates that range from 1 % to 5%. Below is a
brief summary of the results:
ARC for Fiscal year
ending 9/30/2007 $
ARC as % of Covered Payroll in
Contribution Year:
10/1/05 Interest rate on Employee Contributions
Valuation 1.00% 2.00% 3.00% 4.00% 5.00%
92,042 92,042 92,156 92,156 92,270 92,270
8.06 8.06 8.07 8.07 8.08 8.08
ARC means the annual required contribution by the Village.
Please refer to the enclosed report for details regarding the above results-
We welcome your questions and comments
Sincerely yours,
J Stephen Palmquist, A
Senior Consultant and Actuary
JSP/rb
Enclosures
SfJPP~Eb~Ef~~AL AC~~A~iA~ ~~~~DA~6®r~ f13EP®RT
Paan
Village of Tequesta General Employees Pension Trust Fund
~a9~aation ®ate
October 1, 2005
®ate o~ Report
January 19, 2007
Report Regaaested by
Pension Board
Prepared by
J. Stephen Palmquist
~roa~p ~/a6a~ed
All active employees
Dian Provisions being Considered for Change
Present Provision Before Change
1) IVo interest on employee contributions
Proposed Changes
1) Interest would be applied to employee contributions at a rate between 1 % and 5%.
Participants Affected
All active General Employees
A~tuariat Assumptions and Methods
Same as October 1, 2005 Actuarial Valuation Report with no exceptions.
Some of the key assumptions/methods are:
Investment return - 8.0% per year
Salary increase - 6.0% per year
Cost fVlethod -Aggregate
~at~o~ti~atioo~ Pei®~ f®~ And lnePease in Actuarial Acc~ue~fl ~iabilit~
NA
Sus~avua~ ®f ®ata ~se~l in Reporrt
NA
Actuarial lo~pact ®f Pa~op®sal(s)
See attached page(s).
Special Risks ln~®l~ed With the P~o~osal That the Plan Has Not peen Exposes) to Ps-e~iously
None
ether Cost Consie~erations
None
Possible Conflicts With BRS E3ualificatiora Rules
None
~-
J. phen almquist, ASA, AAA, FCA
Enrolled Actuary 05-1560
A. Valuation Date
B. ARC to Be Paid During
Fiscal Year Ending
C. Assumed Date of Employer Contrib.
D. Annual Payment to Amortize
Unfunded Actuarial Liability
E. Employer Normal Cost
F. ARC if Paid on the Valuation Date
D+E
G, ARC Adjusted for Frequency of
Payments
H. ARC as % of Covered Payroll
I. Covered Payroll for Contribution Year
J. ARC for Contribution Year: H x I
K. ARC as % of Covered Payroll in
Contribution Year J _ I
ANNUAL REQUIRED C®P1T'RIBUTI®N (ARC)
October 1, 2005 October 1, 2005 October 1, 2005 October 1, 2005 October 1, 2005 October 1, 20i
Valuation 1.00% EE Contr. 2.00% EE Contr. 3.00 % EE Contr. 4.00% EE Contr. 5.00% EE Corn
9/30/2007
Monthly
~ 0 $
84,961
84,961
88,512
8.06
1,141,961
92,042
8.06
9/30/2007
Monthly
0 $
84,961
84,961
88,512
8.06
1,141,961
92,042
8.06
9/30/2007
Monthly
0 $
85,071
85,071
88,627
8.07
1,141,961
92,156
8.07
9/30/2007
Monthly
0 $
85,071
85,071
88,627
8.07
1,141,961
92,156
8.07
9/30/2007
Monthly
0 $
85,181
85,181
88,741
8.08
1,141,961
92,270
8.08
9/30/2007
Monthly
0
85,181
85,181
88, 741
8.08
1,141,961
92,270
8.08
ACTUARIAL VALUE OF I3EIVEFITS AhID ASSETS
A. Valuation Date October 1, 2005
V
l October 1, 2005 October 1, 2005 October 1, 2005 October 1, 2005 October 1
20i
a
uation 1.00% EE Contr. 2.00% EE Contr 3.00% EE Contr. 4.00% EE Contr. ,
5.00% EE Corn
B. Actuarial Present Value of All Projected
Benefits for
1. Active Members
a. Service Retirement Benefits
b. Vesting Benefits $ 1,535,255 $ 1,535,255 $ 1,535,255 $ 1,535,255
$ 1,535,255
$ 1
535
25
c. Disability Benefits 42,024
248
383
42,326
248
383
42,678
2
43,072
43,534 ,
,
..
44,071
d. Preretirement Death Benefits ,
40,636 ,
40
636 48,383
248,383
248,383
248,383
e. Return of Member Contributions
19
270 ,
19
444 40,636
1 40,636 40,637 40,644
f. Total ,
1 , 9,620
19,798
19,979
20
167
,885,568 1,886,044 1,886,572 1,887
144 1
887
788 ,
1
2. Inactive Members , ,
, ,888,520
a. Service Retirees & Beneficiaries _
b. Disability Retirees
_ _ _
-
-
-
c. Terminated Vested Members _ - -
_ "
d. Total - - _
3. Total for All Members 1,885,568 1,886,044 1,886,572 1,887,144 1,887,788 1
888
520
C. Actuarial Accrued (Past Service) ,
,
t_iability per GASB No. 25 429,242 429,264 429,257 429,305 429,300 429,352
D. Plan Assets
1. Market Value
2. Actuarial Value 602,280 602,280 602,280 602,280 602
280 602
280
E
A 602,280 602,280 602,280 602,280 ,
602,280 ,
602
280
.
ctuarial Present Value of Projected ,
Covered Payroll 11,340,206 11,340,206 11,340,206 11,340,206 11,340
206 11
340
206
F. Actuarial Present Value of Projected , ,
,
Member Contributions 567,010 567,010 567,010
567,010
567,010
567,010
CALCULATIOhI OF EPVIPLOYER IVORIUTAL COST
A. Valuation Date
B. Actuarial Present Value of Projected
Benefits
C. Actuarial Value of Assets
D. Unfunded Actuarial Accrued Liability
E. Actuarial Present Value of Projected
Member Contributions
F Actuarial Present Value of Projected
Employer Normal Costs: B-C-D-E
G Actuarial Present Value of Projected
Covered Payroll
H. Employer Normal Cost Rate: F/G
I. Covered Annual Payroll
J. Employer Normal Cosi: H x I
K. Assumed Amount of Administrative
Expenses
L Total Employer Normal Cost. J¢K
M. Employer Normal Cost as % of
Covered Payroll
October 1, 2005 October 1, 2005 October 1, 2005 October 1, 2005 October 1, 2005 October 1, 2005
Valuation 1.00% EE Contr. 2.00% EE Contr. 3,00% EE Contr. 4.00% EE Contr. 5.00% EE Contr.
1,885,568 $ 1,886,044 $ 1,886,572 $ 1,887,144 $
602,280 602,280 602,280 602,280
0 0 0 0
567,010 567,010 567,010 567,010
716,278 716,754 717,282 717,854
11,340,206 11,340,206 11,340,206 11,340,206
6.32 % 6.32 % 6 33 % 6.33 °1°
1,098,039 1,098,039 1,098,039 1,098,039
69,396 69,396 69,506 69,506
15,565 15,565 15,565 15,565
84,961 84,961 85,071 85,071
7.74 % 7.74 % 7.75 % 7.75
1,887,788 $
602,280
0
567,010
718,498
11,340,206
6.34
1,098,039
69,616
15,565
85,181
7.76
1,888,520
602,280
0
567,010
719,230
11,340,206
6.34 %~
1,098,039
69,616
15,565
85,181
7.76
~~~~e~~~~~~ ®~,~~4
'0/1/2005 '@0/1/2005
Be$o~e Changes Afi4ee Changes
~aCTI!/E I~dE~@BERS
Number 24 24
Covered Annual Payroll $ 1,098,039 $ 1,098,039
Average Annual Payroll $ 45,752 $ 45,752
Average Age 43.1 43.1
Average Past Service 2.5 2.5
Average Age at Hire 40.6 40.6
RETIREES 8 BEYIIEFICI,~RIES 8 ®R®P
Number 0 0
Annual Benefits $ 0 $ 0
Average Annual Benefit $ 0 $ 0
Average Age 0.0 0.0
®IS~4BILITY RETIREES
Number 0 0
Annual Benefits $ 0 $ 0
Average Annual Benefit $ 0 $ 0
Average Age 0.0 0.0
TERMIf~ATE® VESTE® i~ENiBERS
Number 0 0
Annual Benefits $ 0 $ 0
Average Annual Benefit $ 0 $ 0
Average Age 0.0 0.0