Loading...
HomeMy WebLinkAboutDocumentation_Pension Public Safety_Tab 18_08/03/2009Laur, Betty From: Karen Amenity [karen@perryjensenlaw.com] Sent: Tuesday, June 09, 2009 5:04 PM To: Ken Nielson; Ed Sabin; Cooper, David; Giblin, Raymond; Robert Young Cc: McWilliams, Lori; Laur, Betty; Bonni S. Jensen; Angela Twomey Subject: TEQUESTA Public Safety Officers -State Legal Updates Attachments: 1011- legal update.pdf Trustees: Bonni asked me to forward the attached memo to you, which she plans to present at your next meeting. Please add this item to the Agenda for discussion. PLEASE NOTE NEW EMAIL ADDRESS AND FIRM NAME * EFFECTIVE AS OF MARCH 2009 ~1L~le/Z ~~~ karen(a~perryiensenlaw.com Legal Assistant -Pension Team of Bonni Jensen The Law Offices of Perry ~ Jensen, LLC 400 Executive Center Drive, Suite 207 West Palm Beach, Florida 33401-2922 561.686.6550 (Phone) 561.686.2802 (Fax) CONFIDENTIALITY NOTICE: This communication is confidential, may be privileged and is meant only for the intended recipient. If you are not the intended recipient, please notify the sender ASAP and delete this message from your system. IRS CIRCULAR 230 NOTICE: To the extent that this message (or any portion thereof) concerns tax matters, it is not intended to be used and cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed ~by law. *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** THE LAW OFFICES OF PERRY FSC JENSEN, LLC ANN H. PERRY apeny aQpenyjensenlaw.~m MEMORANDUM To: Board of Trustees TEQUESTA PUBLIC SAFETY OFFICERS' PENSION PLAN From: Bonni S. Jensen LAW OFFICES OF PERRY H~ JENSEN, LLC Subject: State Legal Updates Date: June 9, 2009 BONNI SPATARA JENSEN bsjensen@penyjensenlaw.com On June 1, 2009, Governor Crist signed into iaw Chapter 2009-97 which contains some significant changes to Chapter 175/185 of the Florida Statutes. These changes take effect July 1, 2009. This taw was considered in the legislature as Senate Bill 538 and was substantially similarto House Bill 5. Below is an outline of the changes to the current law. The law amended the Definition of "Creditable service" or "Credited service." The amendment allows a pension plan to provide for the purchase of credited service for federal, other state, and county firefighting and police officer services, if the service meets the definition of firefighter or police officer under Chapters 175 and 185. Sections 175.032(4) and 185.02(5}. The Definition of "Firefighter" was also amended to clarify that firefighter includes all certified supervisory personnel whose duties include supervision, training, guidance and management butdoesnot include part-time orauxiliaryfirefighters. Section 175.032(8)(a). The law allows municipalities to expand the Trustee Tenors from the current 2 year term to a 4 year term by passage of an ordinance, special act or resolution. If the terms are expanded, they must be 4 years for all Trustees. Sections 175.061(1 }(a) and 185.05(1)(a). The new amendment expands the power of the Board to allow the local plan to be amended to allow a retiree to request that the Board make Payment of Third-Party Insurance Premiums #or the retiree, their spouse and dependents. This allows the retirees to take advantage of the federal $3,000 tax deduction for insurance premiums (accident, health, and long-term care) paid by the pension fund. The law gives the Board 400 EXECUTIVE CENTER DRIVE, SUITE 207:• WEST PALM BEACH, FLORIDA 33401-2922 PH: 561.686.6550 •:• Fx: 561.686.2802 13 YsIbYY Board of Trustees State Legal Update -Chapter 2009-97 June 8, 2009 Page 2 of 3 immunity from liability for participating the voluntary program if the Board's actions are taken in good faith. Sections 175.061(7) and 185.05(6). The law clarifies that the Board's investments are subject to the Fiduciary Standards of Florida Statutes 112.656,112.661, 518.11 and the Code of Ethics (112.311- 112.3187). Sections 175.071(1) and 185.06(1). The amendment allows Investments in Foreign Securities to 25% at market value. Section 175.071(1)(b) and 185.06(1 }(b). The new changes require all Drafts to be Signed by Two Fiduciaries. Section 185.071(1)(c} and 185.06(1)(c). A significant new responsibility for the Board was added to require Identification and Divestiture of "Scrutinized Companies'" under Florida Statutes §215.473. The law t(t) "Scrutinized company" means any company that meets any of the following criteria: 1. The company has business operations that involve contracts with or provision of supplies or services to the government of Sudan, companies in which the government of Sudan has any direct or indirect equity share, consortiums or projects commissioned by the govemment of Sudan, or companies Involved in consortiums or projects commissioned by the government of Sudan, and: a. More than 10 percent of the company's revenues or assets linked to Sudan involve oil- related activities or mineral-extraction activities; less than 75 percent of the company's revenues or assets linked to Sudan involve contracts with or provision of oil-related or mineral-extracting products or services to the regional government of southem Sudan or a project or consortium created exclusively by that regional government; and the company has failed to take substantial action; or b. More than 10 percent of the company's revenues or assets linked to Sudan involve power-production activities; less than 75 percent of the company's power-production activities include projects whose intent is to provide power or electricity to the marginalized populations of Sudan; and the company has failed to take substantial action. 2. The company is complicit in the Darfur genocide. 3. The company supplies military equipment within Sudan, unless it clearly shows that the military equipment cannot be used to facilitate offensive military actions in Sudan or the company implements rigorous and verifiable safeguards to prevent use of that equipment by forces actively participating in armed conflict. Examples of safeguards include post-sale tracking of such equipment by the company, certification from a reputable and objective third party that such equipment is not being used by a party participating in armed conflict In Sudan, or sale of such equipment solely to the regional government of southern Sudan or any internationally recognized peacekeeping force or humanitarian organizat[on. 4. The company has business operations that involve contracts with or provision of supplies or services to the government of Iran, companies in which the government of Iran has any direct or indirect equity share, consortiums, or projects commissioned by the government of Iran, or companies involved in consortiums or projects commissioned by the government of Iran and: Board of Trustees State Legal Update -Chapter 2009-97 June 8, 2009 Page 3 of 3 requires that beginning January 1, 2010, Board must identify and publicly report any direct or indirect holdings in scrutinized companies. The Board must also begin the process of divestiture of those holdings, which must be completed by September 10, 2010. The law provides that the Board and the investment advisors may not be deemed to have breached their fiduciary duty for their actions to divest, if divestiture is in compliance with Florida Statutes 215.473. The State has promised some guidance and we will keep you informed as to the status of this responsibility. Sections 175.071(8) and 185.06(7). The law added some new clarifications for Boundaries of a Special Fire Control District to indude an area that has been annexed until the 4 -year period as provided for in Florida Statutes §171.093(4) (or an agreed upon extension) or there is an interlocal agreement pursuant to Florida Statutes §171.093(3). Section 175.101(1). The amendment clarifies that retirees may Change their Designated Beneficiary up to twice without approval of the Board or the current joint annuitant or beneficiary. The retiree does not have to show that the benefdary being removed is alive or that the benefiaary is in good health. However, in accordance with Florida Statutes §175.333, the retirees benefit may be actuarially reduced to account for the change. Sections 175.171 {1)(c~ and 185.161(1)(c). The law also clarified the law regarding Termination of Pension Plans in accordance with the dedsions of Board of Trustees of the Town of Lake Park Firefighters' Pension Plan v. Town of Lake Park. A municipality that terminates a pension plan is responsible to fund all of the non forfeitable benefits available under the Plan. Section 175.361 and 185.37. A copy of the full law is available from our office. Please email Karen Amenita karen@penyjensenlaw.com or Angela Twomey at angela@penyjensenlaw.com and request a copy. H:1Tequesta PS 10111Board120091State Legel Updates.wpd a. More than 10 percent of the company's total revenues or assets are linked to Iran and involve oil-related activities ormineral-extraction activities; and the company has failed to take substantial action; or b. The company has, with actual knowledge, on or after August 5, 1996, made an Investment of $20 million or more, or any combination of investments of at least $10 million each, which in the aggregate equals or exceeds $20 million in any 12-month period, and which directly or significantly contributes to the enhancement of Iran's ability to develop the petroleum resources of Iran.