HomeMy WebLinkAboutMinutes_Pension General_11/02/2009 TEQUESTA GENERAL EMPLOYEES PENSION
TRUST FUND
QUARTERLY BOARD OF TRUSTEES MEETING
November 2, 2009
I. Call To Order And Roll Call
The Tequesta General Employees Pension Trust Fund Board of Trustees held a
regular quarterly meeting at the Tequesta Village Hall, 345 Tequesta Drive,
Tequesta, Florida, on Monday, November 2, 2009. The meeting was called to order
at 8:03 a.m. A roll call was taken by Recording Secretary Betty Laur. Board
Members in attendance at the meeting were: Secretary Carl Hansen, Board
Member John Terzakis., Board Member Deanna Mayo, and Board Member Michelle
Gload. Chair Michael Rhodes was absent from the meeting.. Also in attendance
were Attorney Bonni Jensen, Daniel Johnson with Bogdahn Consulting LLC —
Monitor, Duane Howison with Gabriel Roeder Smith and Company — Actuary,
Pension Coordinator Lori McWilliams, and Betty Laur, Recording Secretary.
II. SWEARING IN OF MEMBER JOHN T. TERZAKIS
Pension Coordinator McWilliams swore in new member John Terzakis.
III. APPROVAL OF AGENDA
Pension Coordinator McWilliams advised she had received an email from Chair
Rhodes with comments and questions, which had been distributed as a handout.
Acting Chair Hansen requested that Agenda Item 13, approval of the investment
manager's report, be moved to follow Mr. Johnson's presentation and that he
answer any questions regarding the investment manager's report.
MOTION:
Motion was made by Board Member Gload, seconded by Board Member Mayo
to approve the agendas discussed. Motion carried by unanimous 4 -0 vote.
IV. APPROVAL OF MINUTES
1. Tequesta General Employees' Pension Trust Fund Board of
Trustees
Regular Quarterly Meeting Minutes — August 3, 2009
MOTION:
Motion was made by Board Member Gload, seconded by Board Member
Terzakis to approve the minutes of August 3, 2009 as submitted. Motion
carried by unanimous 4 -0 vote.
Minutes of General Employees' Pension Trust Fund Board Meeting
November 2, 2009 2
V. PRESENTATIONS
2. Presentation of October 1, 2008 Actuarial Valuation Report
Duane Howison, Gabriel, Roeder, Smith and Company, reviewed the October
1, 2008 Actuarial Valuation Report. Mr. Howison explained the assets had
not performed up to the assumption rate. Last spring Gabriel Roeder Smith
and Company had been requested to prepare a report and subsequently
changes had been made in the actuarial assumptions and mortality rate
tables. Smoothing over five years was currently being used, which spread
losses over time, and the losses occurring in year ending September 30,
2009 were still not recognized. This was to make the funding requirement of
the Village less volatile. Return for the past year was estimated between 1 %
and 2 %, versus the goal of 7 -1/2 %, plus further losses. This was estimated to
result in another 1 -1/2% percent of payroll increase in funding requirements
over the next few years. Board Member Gload asked if the average of the
investment returns on page 5 was still low enough; Mr. Johnson explained he
believed it was. Mr. Howison commented as things turned around, gains
would be incorporated to offset the losses. Employee turnover during the
year ending in 2008 had been more than expected, which had offset some of
the losses on the asset side.
In response to questions provided by Chairman Rhodes, Mr. Howison
explained if performance going forward were better than the actuarial
assumption, that would provide a positive base which would be recognized
over a 5 -year period; and confirmed that his company planned to come back
annually. Pension Coordinator McWilliams advised this actuarial report had
been given to the Village Council when it had been received in August.
Secretary Hansen questioned why the report was as of October 1, 2008, to
which Mr. Howison responded that was the latest one completed; the data for
the October 1, 2009 had only been received during the last week or two and
that report was currently in process. Board Member Gload commented the
average salary increase was 5% in 2009 instead of the 6% expected; Mr.
Howison explained that was an assumption, and the liabilities for this period
were lower than if salaries had gone up 6% or more, and did not recommend
lowering the 6% for now. Mr. Howison advised the increase in covered
payroll of 4% was an assumption of overall growth in payroll, which had been
brought forward as the requirement for the year ending in 2009, and reflected
number of employees rather than salaries.
Board Member Terzakis expressed his opinion that having an actuarial
valuation annually was a good idea, and was worried about using a 10 -year
old actuarial table when the insurance industry was using a 2003 table. Mr.
Howison responded the Society of Actuaries had put together the year 2000
Minutes of General Employees' Pension Trust Fund Board Meeting
November 2, 2009 3
table, which was the latest really thorough study that had been done on
mortality, and it allowed for mortality improvements each year after the year
2000. The insurance industry tended to be more conservative. Board
Member Terzakis questioned the expected termination figure of one per year
since over the past three years the actual terminations had been 5, 8, and 5.
Board Member Terzakis also commented that investment earnings were
expected at 7 -1/2% per year, but that was net after investment expenses, so
it was actually 8 + %, which he believed was far too high going forward. He
wanted to be sure the data and numbers were the latest and best available.
Mr. Howison commented that although more conservative assumptions would
result in higher funding requirements now, over the long run it would not really
matter because the Village would have to contribute according to what really
happened. These things needed to be looked at closely.
Attorney Jensen commented when the Board had adopted the RP 2000
mortality table last year, there had been discussion that improvements were
built in for years after 2000, and requested when Mr. Howison's firm came
back that he tell the Board how close the RP 2000 mortality table was to the
most recent actuarial tables -- whether it had kept up or was behind, or
perhaps ahead.
Mr. Howison explained that page 13 of his report showed the history for the
last 10 years of the funded ratio of the plan; taking the actuarial value of
assets used to determine the funding requirement divided by the actuarial
accrued liability, the funding target. This plan was well- funded compared to
most others, partially due to funding more than required in past years.
MOTION
Board Member Mayo made a motion to accept the October 1, 2008
Actuarial Report. Board Member Gload seconded the motion, which
carried by unanimous 4-0 vote.
3. Quarterly Presentation By Monitor
Dan Johnson, Bogdahn Consulting, LLC, explained they had submitted a
preliminary report, since comparison information with peers was not available
by the date the report was requested, and he was providing a final report at
the meeting. He would continue this practice in the future since it was
important for the Board to have some preliminary information in their packets
distributed before the meetings.
Mr. Johnson reported good returns for the quarter. The returns up until March
had been dismal, in March the government stimulus began to bring investors
back into the market, and there had been a "rubber band" effect thereafter.
During the past quarter, anything with more risk had done better — having
Minutes of General Employees' Pension Trust Fund Board Meeting
November 2, 2009 4
more international than domestic stocks had helped the returns. Value had
outperformed growth for the quarter, and the best sector had been finance.
GDP had been declining over the past four quarters but last Thursday there
had been a positive GDP reported, a good indication the economy was
growing — although there was the question of how much of this was artificially
created by the government stimulus. The fund was now in line with the
60/40 target weights.
Secretary Hansen indicated Chair Rhodes had pointed out inconsistency
between the market value of international equity shown on page 12 and the
market value shown for Dana International Equity on page 34 of the Dana
report. Mr. Johnson explained Dana invested in ADR's, foreign companies
which trade domestically, and the EFT used to replicate international
exposure had been separated out. Secretary Hansen reported Chair Rhodes
felt Bogdahn had done a good job, but that there had been sloppy reporting.
Mr. Johnson indicated he would call Mr. Rhodes regarding the reporting.
Mr. Johnson reviewed the financial reconciliation for the quarter and fiscal
year to date, and the returns as of September 30, 2009. There had been
significant out - performance to the index of about 1.2% premium for the fiscal
year. The fund had trailed index for the quarter because riskier investments
had done better during that time period. Mr. Johnson explained there were
now three parts to the Dana investments, the core equity, the international
portfolio, and the fixed income, and reviewed each part. Dana had not done
as well during the past quarter because they did not own financials, but had
done well in international investments. Mr. Johnson commented low quality
stocks had out - performed, which he believed to be due to the "rubber band"
effect, and Dana did not invest in low- quality stocks. Attorney Jensen
advised fixed income was shown twice on page 16 and requested Total Fixed
be replaced with Total Equity. Mr. Johnson agreed to that change, and
advised the Board to let him know any time they wanted formatting changes
or additional information included in the report.
Other items reviewed included comparative performance, and the risk versus
reward charts. Secretary Hansen indicated he liked the compliance appraisal
part and the proxy voting information in the back of the Dana report. Mr.
Johnson referred to page 19 which showed historical information and
discussed opportunities for recovery, and commented coming up in future
quarters he would bring up hedging against inflation.
Attorney Jensen commented Chair Rhodes' had submitted further questions,
some of which had already been answered. Follow -up questions were
discussed. Mr. Johnson commented there had been a little re- balancing;
Dana had the ability to move money among the accounts and they had
moved some from their bond portfolio to their growth portfolio. The only major
Minutes of General Employees' Pension Trust Fund Board Meeting
November 2, 2009 5
change was that now there was a separate international component. Also,
Chair Rhodes was looking for a sector analysis of the portfolio, which Mr.
Johnson would discuss with Chair Rhodes. Attorney Jensen noted she
believed Chair Rhodes wanted an attribution report. Mr. Johnson advised he
would forward the attribution report to Pension Coordinator McWilliams who
could email it to Chair Rhodes. Chair Rhodes had also asked what the last
page in the preliminary report was saying compared to current levels. Mr.
Johnson explained that showed the fund's benchmark history, the total
investment policy, and the changes the plan had gone through.
Mr. Johnson commented on the investment policy changes discussed at the
last meeting and items pointed out by Board Member Gload, and advised the
investment policy had been finalized.
Board Member Terzakis asked the position on re- balancing the portfolio. Mr.
Johnson explained the chart on page two of the investment policy showed
ranges, and if at any point the plan fell below 30% bonds they re- balanced to
the target, and the investment manager did the re- balancing. Board Member
Terzakis questioned the 10% international position going forward and the
wisdom going into international at this time. Attorney Jensen explained the
fund had previously been in international equities but there had been no
separate measurable piece. Mr. Johnson indicated he would probably bring
up TIPS at the next meeting when Dana would be present. Mr. Johnson also
expressed his opinion that the process met the objectives pretty well, and he
thought it was good the Village had been over - contributing, because that
controlled volatility. Changing the assumption from 8% to 7 -1/2% just
lowered the amount the Village was supposed to contribute —the Village
could always over - contribute if they desired. Board Member Gload expressed
concern with the assumptions because the Village looked at that actuarial
report to help them budget, and to see what they needed during the next year
to keep the plan funded, and she was concerned because there wouldn't
have been enough money if the Village had not been over - contributing -2%
more would have been needed. Mr. Johnson indicated it was hard to predict,
but there had been good years before and he felt 8% would be good for the
next ten years.
MOTION
Board Member Gload made a motion to approve the quarterly report
from Dana Investment Advisors, LLC. Board Member Mayo seconded
the motion, which carried by unanimous 4-0 vote.
MOTION
Board Member Gload made a motion to approve the quarterly report
from Bogdahn Consulting, LLC. Board Member Mayo seconded the
motion, which carried by unanimous 4-0 vote.
Minutes of General Employees' Pension Trust Fund Board Meeting
November 2, 2009 6
Mr. Howison left the meeting at this point, at 9:55 a.m.
VI. UNFINISHED BUSINESS
4. Update on Approval of Final Investment Policy Statement -
Attorney Jensen reported that since the last meeting the Village had approved
the changes to the pension plan document, which changed the investment
policy statement. It was now ready to be put into effect. Chair Rhodes had
questioned the roll -out of that policy —how the coordination of Dana and
Bogdahn would work. Mr. Johnson advised that he, Chair Rhodes, and a
representative of Dana Investment Advisors had all signed the investment
policy statement and it would be effective mid - December. He would make
sure it was filed with all necessary parties, including the State of Florida.
5. Update on IRS Determination Letter - Attomey Bonni Jensen
Attorney Jensen reported her firm was still in the process of review with the
IRS representative, who had shared with her that the IRS was woefully
unprepared for the number of governmental plans who would be filing and for
document review and understanding what was happening in the
governmental sector. Several of her other clients who had filed a straight
IRS determination letter at the same time this plan filed had heard nothing
back yet except for the initial acknowledgement --this plan had chosen the
voluntary compliance option. Pension Coordinator McWilliams complimented
Attorney Jensen and her firm for their work on this matter, as there had been
numerous requests for documents and their work had been wonderful.
VII. CONSENT AGENDA
Board Member Gload noted the Board had previously approved paying the fiduciary
liability policy premium for two years at a time because the premium would stay the
same; however, the amount was $56 higher than the last payment. Recording
Secretary Laur confirmed this was the second year; the premium should have been
the same. Pension Coordinator McWilliams indicated she would ask HR Director
Merlene Reid to come in to explain. Consensus was to pull this item from the
Consent Agenda for discussion later in the meeting.
MOTION
Board Member Gload made a motion to approve the Consent Agenda with the
ratification of an invoice to The Gehring Group pulled for discussion. Board
Member Mayo seconded the motion, which carried by unanimous 4-0 vote.
Therefore, the following items were approved on the Consent Agenda:
Minutes of General Employees' Pension Trust Fund Board Meeting
November 2, 2009 7
6. Ratification Of Invoices Paid Since Last Quarterly Meeting:
• Business Services Connection, Inc. —
Office work -weeks ended 7/10/09 through
10/10/09 $1,656.53
• Business Services Connection, Inc. —
Attendance, recording and preparation of
minutes and synopsis for 8/3/09 Regular
Quarterly meeting $ 288.83
• Perry & Jensen, LLC.
Legal Fees through 8/15/09 $1,607.78
• Scripps Treasure Coast Newspapers
Ad for new board member $ 168.00
7. Payments To Be Reviewed And Approved:
• Business Services Connection, Inc. —
Prepare minutes and synopsis of 1017/09
Special Meeting $ 35.68
• Perry & Jensen, LLC
Legal Fees through 9/15/09 $ 525.32
• Bogdahn Consulting, LLC $2,625.00
Services through 9/30/09
• Dana Investment Advisors $1,730.09
Services through 9/30/09
8. Approval of new applicants for participation in Pension Plan:
Russell White, Public Services Manager - hired 8/10/2009
Derek Watson, Water Plant Operator I — hired 10/1/09
9. Approval of withdrawal of contributions:
None
10. Terminated Employees who have not taken their contributions
Minutes of General Employees' Pension Trust Fund Board Meeting
November 2, 2009 8
Maureen McGuinniss (Went from full time to part time) 9/30/09:
11. Revenue and Expenditure Report
END OF CONSENT AGENDA
VIII. BUDGET REPORT
12. Quarterly Budget Report Expenditures
Attorney Jensen noted no motion was needed; the report was received and
filed.
IX. NEW BUSINESS
13. Approval of Investment Manager's Report (Dana Investment
Advisors)
Secretary Hansen noted this had been done earlier in the meeting.
14. Updated Administrative Rules
Attorney Bonni Jensen reported the administrative rules had been
updated to incorporate the new meeting dates and times, and the
process for the payment of contributions, and read aloud the changed
sections.
MOTION
Board Member Mayo made a motion to approve the updated
Administrative Rules. Board Member Gload seconded the motion,
which carried by unanimous 4-0 vote.
15. State Law Updates
Attorney Jensen explained that Florida Statutes had been changed a couple
of years ago to recognize that social security numbers were confidential and
private information. This legislation had included reporting requirements to
let the State know if any commercial entities had requested social security
numbers. Last year, the State had been inundated with reports from
governmental entities; this year the Legislature changed the law so that we
are now exempt from reporting. We are allowed to collect social security
numbers and to use those numbers with our service providers. If, for
example, Gabriel Roeder Smith & Company needed social security numbers
in order to process or calculate benefits, or Salem Trust needed social
Minutes of General Employees' Pension Trust Fund Board Meeting
November 2, 2009 9
security numbers for tax purposes, we meet the requirements of the law. The
change that we need to make is to add language to our forms to let our
members know that we have a statutory exemption that allows us to collect
their social security numbers. The Village has also created a policy for social
security numbers. Attorney Jensen advised she would follow up with Pension
Coordinator McWilliams and Recording Secretary Laur regarding placing the
additional language on pension forms.
16. Plan update including HEART amendment
Attorney Bonni Jensen reported this Board had approved compliance with
Federal changes in the Heroes Earnings and Tax Relief Act of 2008 which
recognized that people absent from work on active duty military service who
die or become disabled while serving were entitled to be treated as if they had
returned to service. All pension plans throughout the country were required to
adopt this for individuals who die, and this Board had determined to add
individuals who became disabled. Attorney Jensen read aloud these changes
which had been added to the plan document.
Another change had been made to the plan document on pages 6 and 7
since there had been an issue regarding obtaining signatures . This change
allowed the Board to have authorized Board fiduciaries to sign checks in the
absence of the Board of Trustees. These fiduciaries would have to be added
to the bank signature cards, for example, the Pension Coordinator or
someone working in the Finance Department might be added so that they
could sign checks in the absence of getting two authorized trustees.
There was a change made on page 14 to the exclusion that people could not
get a disability benefit for being injured in the armed forces; however, the
Board did not want to exclude those people entitled to the Heroes benefit
from getting the benefit they were entitled to under the Florida Statutes.
Secretary Hansen noted the person did not have to return to work for up to
one year; Attorney Jensen explained that was a Federal law.
Attorney Jensen advised that on pages 25, 26 and 27 the wording had been
obscured when photocopied because it had been highlighted on the original
document. She reviewed the information, which required the Village to fully
fund pensions if they terminated the plan, explaining that although this plan
did not specifically fall under the Statutes 175 and 185 that applied to the Fire
and Police plans, the payout requirements in those Statutes did apply to this
plan as well. Attorney Jensen advised she would provide a readable draft of
the language to the Board before it was presented to the Village Council.
17. New Special Tax Notice
Minutes of General Employees' Pension Trust Fund Board Meeting
November 2, 2009 10
Attorney Bonni Jensen advised this new special tax notice would be required
by the IRS to be given to members receiving lump sum distributions after
December 31, 2009. She would provide this notice as it existed to the
Pension Coordinator, but was waiting for response from the IRS to some
questions she had, so would provide any changes to the Board at the next
meeting.
X. ANY OTHER MATTERS
Request for ratification of payment to The Gehring Group for this
Board's portion of the fiduciary liability insurance premium – pulled
from the Consent Agenda
Pension Coordinator McWilliams advised the HR Director had indicated
unless the Village Manager required her to come speak to the Board that the
Board relay their request or comments and she would investigate it and
provide a report on it. Attorney Jensen commented there was a surcharge of
$40.97 now required by the State of Florida that might possibly account for
some of the difference in the premium amount. Pension Coordinator
McWilliams advised there was a difference of $55.66 from the amount paid
last year and after referring to the May minutes she thought this might be the
first year of a two -year premium payment. Attorney Jensen explained what
the fiduciary liability police covered for the benefit of new member Terzakis.
Discussion ensued regarding the premium amount and the amount of the last
payment. This would be a regular item on the next agenda.
Board Member Gload requested discussion regarding the DROP program,
which was an option for the Public Safety pension, but not for the General
Employees pension. She did not believe there would be any additional cost
to add this benefit to the General Employees plan, and requested discussion
at a future meeting. Attorney Jensen advised in determining whether there
would be any cost, the actuary would look at whether it changed retirement
patterns — whether it would make people retire who otherwise would not retire.
The actuary would have to be asked to make that calculation. Board
Member Gload requested those pages from the Public Safety plan concerning
the DROP program be given to the Board for review, and discussion placed
on the next agenda.
Board Member Gload noted the fee schedule for the Bogdahn contract had
expired. Attorney Jensen explained the fee schedule had been guaranteed
for three years but the fee schedule was still good until it was amended.
Board Member Gload requested a signed copy of the Perry & Jensen contract
and wanted to confirm the 2008 fee schedule attached was still valid.
Pension Coordinator McWilliams advised that contract could be accessed in
Minutes of General Employees' Pension Trust Fund Board Meeting
November 2, 2009 11
Laserfiche. Attorney Jensen commented she would not raise her fees without
first coming to the Board with a request.
XI. COMMUNICATIONS FROM CITIZENS
XII. ADJOURNMENT
Board Member Mayo moved to adjourn the meeting; seconded by Board
Member Gload and unanimously carried 4 -0. The meeting was therefore
adjourned at 10:27 a.m.
Respectfully submitted
Betty Laur
Recording Secretary