Loading...
HomeMy WebLinkAboutDocumentation_Pension Public Safety_Tab 11B_08/11/2005(b) MEMO DATE: G/10/05 TO: CHAIR JAMES WEINAND, PENSION COORDINATOR GWEN CARLISLE, FINANCE DIRECTOR JODY FORSYTHE FROM: BETTY LAUR RE: PUBLIC SAFETY OFFICERS' PENSION TRUST FUND AT THEIR 5/10/05 MEETING, THE PUBLIC SAFETY OFFICERS' PENSION BOARD VOTED THAT THE THREE OF YOU WOULD GO OVER THE LIST OF DUTIES AND RESPONSIBILITIES OF A PENSION ADMINISTRATOR (TO BE PROVIDED BY ATTORNEY JENSEN) AND TO PRESENT THE LIST AT THE NEXT MEETING WITH DUTIES MARKED AS TO WHO IS DOING EACH FUNCTION. WE HAVE RECEIVED THE ATTACHED LIST FROM BONNI JENSEN. I HAVE ALSO ATTACHED THE MINUTES SO THAT YOU CAN REVIEW THE PORTION PERTAINING TO THIS, WHICH IS ITEM IX C), DISCUSSION OF A PLAN ADMINISTRATOR, BEGINNING ON PAGE 8. SERVICES PERFORMED BY ADNIINISTRATOR TRUSTEE MEETINGS Prepare and distribute agenda in advance of meeting -post public Notice as required Fax agenda to Chairman and Attorney several days in advance of meeting Advise Trustees and other attendees of time and place Coordinate with Chairman and Attorney on upcoming/pending matters Provide agenda packets with back-up material (minutes for approval, invoices, correspondence, applications, reports etc.) for Trustees' reference during meeting Take minutes Circulate draft of minutes promptly after meeting Carry out instructions of Trustees promptly following meeting FINANCIAL MATTERS Monitor monthly custodian reports and other activities: a. Were employee and employer contributions transferred to custodian for investment on a timely basis? b. Do assets listed by custodian agree with assets shown on investment manager reports? c. Are retirement payments, disbursements for fund expenses and any other deductions from assets correct? d. Are custodian's fee invoices in agreement with terms stated in its contract for services? e. Is custodian to issue IRS Form 1099-R and tax withholding notice at beginning of calendar year? Review Investment Manager and Performance Monitor reports: a. Is the asset allocation in line with Investment Policy Statement? b. Are the quality and type of assets in line with Investment Policy Statement? c. Has the custodian informed the manager of new money (contributions and other cash received) for investment? d. Does there appear to be too much cash and cash equivalents that has not been explained to the Trustees? e. Are the fee invoices in agreement with terms stated in their contracts for services, and are the assets on which the fees are based consistent with balances reported by custodian? Is a signed agreement, approved by Fund Attorney and encompassing current Investment Policy Statement, on file for each manager and financial service provider? Determine that the Trustees have evaluated the services of custodian, investment consultant and manager periodically -say, every three years, or if the service or performance do not meet expectations. Assist in RFP process if desired; arrange special meetings for personal presentations and provide Trustees with afollow-up summary to assist them in making final decision. Annual audit: a. Maintain records of expenses paid during the year with documentation of Trustees' approval; make available to auditor at end of plan year b. Provide managers' and custodians' reports to auditor c. Assist auditor in obtaining all records necessary to perform the audit d. Assist auditor in determining accuracy and transfer of contributions e. Distribute auditor's report to Trustees and all interested parties when received f. Copy of audited financial statement accompanies Division of Retirement Annual Report for Police Officers and Firefighters COORDINATION WITIi ACTUARY Provide data required by actuary to perform actuarial valuation promptly following close of plan year. Such data will include: a. Listing of current active employees, noting new hires and vested and non-vested terminations occurring in the plan year b. Demographics: Social Security numbers, dates of birth and dates of hire c. Annual salaries and contributions for the year by employee d. Records of contributions refunded to terminated non-vested employees e. Status of terminated vested employees who did not withdraw contributions f. Record of Early, Normal or Disabled retirees in payment status at end of plan year, with data on beneficiaries for those having selected Joint & Survivor or 10 Years Certain options, as well as deaths in plan year g. Current audited financial statement Provide actuarial valuation to Division of Retirement for Chapter 175 & 185 Funds. Arrange meeting with Trustees and Actuary to review valuation and any proposed changes in actuarial assumptions. Distribute annual pension benefit statements to participants. ACTIVE PARTICIPANTS Communication Materials: a. Summary Plan Description -required by Florida law for public pension plans on a biennial basis. Must be written to comply with F.S. 112.66 and furnished to all new hires. b. Updated financial and actuarial information, as well as any changes, must be provided for the years SPD is not re-printed c. Annual pension benefit statements following actuarial valuation d. Newsletters periodically as desired by the Trustees e. Reminders to report change of address, marital status or job classification f. Explain DROP programs if available under the plan Early and Normal Retirements Applicants: a. Provide applications and other necessary forms b. Explain benefit options and provide estimates of benefits payable c. Collect birth certificates, marriage certificates and other necessary documents from applicants and beneficiaries d. Obtain final salary information from employer to expedite final benefit calculation e. Present to Trustees for approval f. If custodian issues checks, advise custodian of check amount, inception date, deductions such as federal income tax or insurance premiums, ACH information for Direct Deposit payments, date of final check if "period certain" has been elected 2 Disability Retirements: a. Coordinate medical examinations by specialists according to nature of disability b. Ascertain that applicant meets definition of total and permanent disability stated in the plan c. Present to Trustees for approval d. If denied, follow plan's provision for claim denial and appeal e. If approved, take all other steps for processing as for early and normal retirements f. Monitor continuation of or recovery from disability as stated in the plan RETIRED PARTICIPANTS a. Respond to calls for assistance: lost check, change of address, change of bank for direct deposit and changes in withholding tax or insurance premium deductions b. Provide same communication materials furnished to active employees c. Determine that annual Form 1099-R is sent and correctly reflects retiree's pertinent information d. Administer COLA provisions if applicable COORDINATION WITH PLAN SPONSOR Finance Department: a. Receive payroll data via modem, disk or hard copy b. Provide information re. expenses paid by plan for posting to City's general ledger c. Exchange of required information during annual audit d. Receive copy of transfer of employer and employee contributions e. Receive advice of contributions and salaries of terminated/retiring employees City Clerk's Office: a. Furnish minutes and other requested documents to records custodian b. Furnish agendas and meeting Notices as specified by ordinance or other rules of procedure applicable to public meetings OTHER SERVICES TO TRUSTEES a. Obtain premium quotes and place insurance coverage (e.g., fidelity bond, trustee fiduciary liability, general liability) b. Arrange for attendance at educational programs (e.g., FPPTA, NCPERS, Florida State Conference for Police & Fire) -assist in follow-up reports to Board and participants c. Develop computer programs for Trustees' and members' information and education; provide information for web site, if applicable d. Arrange pre-retirement seminars for plan members e. Report items of general interest occurring in the employee benefits field BOARD OF TRUSTEES TEQUESTA PUBLIC SAFETY OFFICERS' PENSION TRUST FUND MEETING MINUTES May io, 2005 PAGE S c) Discussion of a Plan Administrator Chair Weinand asked Ms. Cazlisle to report on conversations that had taken place regazding a Plan Administrator. Ms. Cazlisle reported that the Finance Department felt it administered the boazd, and would like an administrator to do that with Finance helping out. Ms. Cazlisle was not sure of the functions, which were not defined, and must be defined because it was in the ordinance that the board was the administrator. Attorney Jensen advised that the board was the administrator but needed someone to do the day-to-day operations because it was too unwieldy for five people to take care of those day-to-day functions; and the board was called the administrator but was really like a coordinator. Ms. Cazlisle commented she was the coordinator and everything that happened at the meetings came through her and she tried to move things along, but she did not have a financial background and could not make financial decisions. Attorney Jensen advised the plan administrator would not be making financial decisions, but be a coordinator and do follow-up-receive information and know it had to be put on an agenda for a decision, or that it was really important and a special meeting should be called, making sure the checking account was operational and checks were being written and payouts of contributions were being made. Ms. Cazlisle commented that was where the duties separated because she did not deal with the financial day-to-day matters. Ms. Maqueda expressed her opinion it would be more like who did she go to as a Finance member if there was a problem with a deposit and the Chair was on leave, and she believed she would go to the coordinator, who would know who to contact, or if a special meeting was needed to then coordinate that meeting, to act as a liaison. Chair Weinand commented also, to get the bill from Gabriel, Roeder & Smith and look at it and stop it before it got to the boazd if it was incorrect. Ms. Carlisle commented she believed the Plan Administrator was Vice Chair Genco's idea and she was not present today to say why she thought the position should be called plan administrator instead of pension boazd coordinator, which was Ms. Carlisle's current title. Chair Weinand reported he had discussed this with Vice Chair Genco and most industry professionals were used to talking to a plan administrator. That was the reason for the title. Attorney Jensen advised the words "plan administrator" meant something in the ERISA world. It had less meaning in the governmental sector, where "Plan Administrator" commonly meant a third party, not a board member, someone like a secretary who, whatever needed to be done, they just did it. In the private pension side, "Plan Administrator" meant you had fiduciary responsibility and made financial decisions. Ms. Carlisle commented she believed that was where the conflict was coming in, because she and Ms. Forsythe did not handle it that way-they really just coordinated and did what they needed to do, which was why it had never officially BOARD OF TRUSTEES TEQUESTA PUBLIC SAFETY OFFICERS' PENSION TRUST FUND MEETING MINUTES May io, 2005 PAGE 9 been a plan administrator. Ms. Cazlisle commented she did not know how the board wanted to proceed, but she had no financial background, and she thought Vice Chair Genco wanted a financial based person to be Plan Administrator. Chair Weinand commented that had been his thought all along that it needed to come from Finance, and he thought Ms. Forsythe was willing to do it but wanted to know a list of tasks. Ms. Carlisle agreed that Ms. Forsythe wanted a list of tasks and responsibilities so that it was not pushed to the next level where she was responsible for the whole plan. Boazdmember Sabin commented he had been a Plan Administrator for a pension plan for ten years for a private company, and there was wide responsibility with a boazd to report to, so he was familiar with the functions for a private company. Boazdmember Sabin asked whether there would be a conflict of duties between fiduciary responsibility to the Village and to the pension board if the Plan Administrator was the financial person for the Village. Attorney Jensen advised most of the plans she worked with had a third party administrator who was not with the government. Some of the smaller plans did keep it within the government. Standard language from Statutes 175/185contemplatedthat the person responsible for the money would be the Finance Director, and anticipated that the day-to-day administration would fall on the Board Secretary-keeping records, keeping copies of checks, making sure everything was processed. Attorney Jensen commented that none of the plans she worked with had the Board Secretary perform those duties. Attorney Jensen advised she did have contracts for third party administrators that listed their responsibilities and she had given Mr. Gallagher a copy of an RFP that gave the job duties of an administrator that would be responsible for day-to-day operations. Ms. Cazlisle commented those duties would tell who would be doing that function, because if it was financial responsibility it would be done by the financial person. Attorney Jensen commented it was a mix of writing checks, balancing statements, writing letters, etc., not just one category. Ms. Carlisle commented that person needed to have the experience and qualifications to do it; and she knew nothing about writing checks other than her own personal checks. A decision needed to be made based on the responsibilities ofwho had the knowledge to perform the particular job. Attorney Jensen commented she could send a copy of an RFP showing duties. Ms. Maqueda commented she took her cue for writing checks from Betty or Gwen and if it was in the minutes to pay, then she literally wrote a check. Boardmember Sabin commented the board needed to define the rules because there was a certain amount of traditional pension plan administration going on with that. Boazdmember Sabin commented it also involved working with participants and asked, how did the names get on the agenda for new hires. Response was that came from HR, and when someone left employment, that also came from HR. Boardmember Sabin commented the list of duties needed to be defined as to who was doing what-that there was pension plan administration BOARD OF TRUSTEES TEQUESTA PUBLIC SAFETY OFFICERS' PENSION TRUST FUND MEETING MINUTES May io, 2005 PAGE io -------------------------------------------------------------------------------- already going on but the go-to person day-to-day needed to be defined. Chair Weinand requested Attorney Jensen to send him contracts with the list of duties. Then the responsibilities could be delineated as to who is doing what and it could be brought back to the board, so an intelligent decision could be made. Chair Weinand asked right now, who would an outside vendor contact, and whether the person was called an administrator or plan manager or whatever, they needed to know who to contact. Boardmember Sabin commented he did not have a problem designating a go-to person other than a pension plan administrator to perform those duties, because it would not be a traditional plan administration because this board had responsibilities that they did. MOTION: Boardmember Petrick made a motion that Chair Weinand, Pension Coordinator Carlisle and Finance Director Forsythe go over the list of duties and responsibilities to be provided by Attorney Jensen, and present the list to the board at the next board meeting with the duties marked as to who was doing each function. Boardmember Sabin seconded the motion, which carried by unanimous 3-0 vote. d) Consideration of approval of Ordinance No. 598 (to be presented to Village Council at their May 12, 2005 meeting) Ms. Carlisle announced there was one change in the ordinance; the code book originally had Section 2-33 which had become a reserved section, so it was changed to 2-61 which actually talked about the pension board. The ordinance had two exhibits-Exhibit A for the General Employees' Pension Fund, and Exhibit B for the Public Safety Officers' Pension Fund. Attorney Jensen reviewed the changes that had been made to Exhibit B, which concerned this board. Page 6 contained a provision to give the board broader abilities to do all acts, which the Trustees may deem necessary or desirable for the protection of the Trust Fund. Page 7 had the following additions-to sue or be sued; and to settle, compromise or submit to arbitration (at the sole discretion of the Trustees) any claims, debts or damages due or owing to or from the Fund. Under Section 5 an addition had been made that written authorization shall require the signature of two of the Trustees for payment of benefits and disbursements. On page 11 the following addition had been made: With respect to any investment, the Trustees may consent or object to any action or non-action of any corporation or of the directors, officers or stockholders of any corporation. The amount of member contributions was now effective the first full payroll period after the effective date of the ordinance for Police Officer members to