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HomeMy WebLinkAboutDocumentation_Pension General_Tab 04_08/04/2008Laur, Betty From: McWilliams, Lori ~ent: Thursday, July 24, 2008 9:28 AM o: Laur, Betty Subject: FW: Proposed Pension Changes Attachments: Proposed Rule Changes with Memo 7-17-08.doc Please place on both agendas. From: Duane.Howison@gabrielroeder.com [mailto:Duane.Howison@gabrielroeder.com] Sent: Tuesday, July 22, 2008 12:42 PM To: McWill'lams, Lori; karena@hpjlaw.com Subject: Proposed Pension Changes As you may be aware, there was recently a meeting in Tallahassee related to proposed pension changes. Attached is a memo related to the topics covered. Let us know if you have further questions. Circular 230 Notice: Pursuant to regulations issued by the IRS, to the extent this communication (or any attachment) concerns tax matters, it is not intended or written to be used, and cannof be used, for the purpose of (i) avoiding tax- related penalties under the lntema/ Revenue Code or (ii) marketing or recommending to another party any fax-related matter addressed within. Each taxpayer should seek advice based on the individual's circumstances from an independent tax advisor. uane Howison, FSA, EA Gabriel, Roeder, Smith and Company One East Broward Blvd. Suite 505 Ft. Lauderdale, FL 33301-1872 Telephone: 954-527-1616 duane.howison(cilgabrielroeder.corn The above communication shall not be construed to provide tax advice or legal advice unless it contains one of the following phrases, or substantially equivalent language: `This communication is intended to provide tax advice° or "This communication is intended to provide legal advice. Notice of Confidentiality This transmission contains information that maybe confidential and that may also be privileged. Unless you are the intended recipient of the message (or authorized to receive it for the intended recipient), you may not copy, forwarri, or otherwise use it or disclose its contents to anyone else. If you have received this transmission in error, please notify the sender immediatety and delete it from your system. *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** • • MEMO To: GRS Florida Clients From: GRS Date: July 17, 2008 Re: Proposed Changes to State Administrative Rules Pertaining to Funding and Disclosure On July 14tH, the Department of Management Services held a workshop to discuss proposed changes to Section 60T of the Florida Administrative Code. The proposed changes were published in "Administrative Weekly" on or about June 24tH The five GRS senior actuaries who are responsible for our 120 public plans in Florida studied the proposed changes during the week ending July 1 ltn. Jim Rizzo, Jeff Amrose and Steve Palmquist attended the workshop in Tallahassee and presented the attached comments. In attendance were other actuaries, trustees, union representatives, attorneys, asset consultants and city management representatives. Approximately 20 people gave prepared statements. The Department is planning another workshop for September, possibly in conjunction with Trish Shoemaker's conference in Kissimmee. Please contact us if you have any questions or comments pertaining to our attachment or the proposed rules. • Comments from Actuaries at Gabriel Roeder Smith & Company (GRS) Regarding Proposed Rule Changes For Florida Public Employee Retirement Plans July 11, 2008 Overview The undersigned provide actuarial and consulting services to over 120 public employee retirement systems in Florida, and this statement contains our unanimous position. Each state and every plan is different; this position is limited to actuarial reports generated for public plans in Florida. The objective of Chapter ] l2 and the related Administrative Rules is to maximize the protection of public employee retirement benefits. Apparently the Department feels the need to change the Rules. The stated objective has not changed. So the questions are (i) whether the proposed changes bring the Rules closer to accomplishing the objective, and (ii) whether there is a better way to reach the stated objective. Do the proposed changes bring the Rules closer to accomplishing the objective? The proposed Rules would add a tremendous amount of work to the actuarial valuation process and a lot of required information to the valuation report. The requirements go way beyond what the actuarial profession has deemed necessary as described in the Actuarial Standards of Practice or what another actuary would need to assess the financial status of the plan. In fact GRS provides actuarial services for public employee plans in about 40 states and none requires this amount of information. • Some of the information goes way beyond what is normally part of the valuation process -such as developing complete termination experience by decrement by age group. • Some of the information has nothing to do with the plan being valued -such as the parameters describing the members covered by Social Security. • Some of the requirements are not well defined and contradict certain Actuarial Standards of Practice - such as "actuarial assumptions that consistently generate experience gains or losses are prima facie indications of unreasonable actuarial assumptions." • Some of the requirements are inappropriate for ongoing public plans.- such as use of the PBGC mortality table. • Some of the requirements are not even information, but are purely hypothetical -such as providing a historical exhibit by plan year disclosing the plan-sponsor amount that would have been paid if the contribution was based on the contribution rate rather than a dollar amount. • Some of the information is not actuarial but purely administrative -such as listing all the investment managers with addresses and phone numbers. • Some of the rules change existing law -such as stating that the plan sponsors are responsible for the actuarial assumptions and cost methods rather than the Boards of Trustees. • Some of the rules seem to contradict GASB standards -such as providing a funding holiday based on a uniquely defined full funding limitation. At best adding such information will make it that much more difficult for interested parties to wade through the actuarial valuation report to determine the financial status of the plan. At worst it will add significant cost and delay to the actuarial valuation process without adding any value to the beneficiaries of the trust. Delays in producing valuation reports may in turn cause budgets and CAFR's to be delayed. It is very conceivable that plans which have had annual actuarial valuations will start doing them every two or three years, which would delay recognition of fundamental- changes in the system. It is also entirely possible that there will be more plan terminations and more sponsors electing FRS coverage as a result of these new rules. What is not clear is how these new requirements maximize the protection of public employee retirement benefits, which is the stated objective: Is there a better way to reach the stated objective? Starting at the beginning, since these changes are in part driven by information that needs to be reported to another level, someone should take a hard look at what is actually necessary or useful to those receiving the information. Evaluation of why the state actuary is being required to report non actuarial information should be undertaken. To the extent new information is needed or wanted, there should be a realistic assessment of the cost involved in getting that new information so there can be acost-benefit analysis. Some of this information will be very costly to produce; and even something that is not so difficult will add cost to the preparation of every actuarial report every year. It should be noted that the Division's review of actuarial reports is already behind schedule. Adding more disclosure information will cause further delays. Finally, someone should take a look at the process used by OPPAGA to review FRS. They do not require this much information and yet they are comfortable with their review process. FRS does not report most of this information in their valuation reports. How can we justify burdening smaller local plans by complying with these substantial new requirements? Recommendation We recommend that a task force of interested parties be established to partner with the staff of the Department of Management Services. This Task Force would be charged with the following: (l) Determining what issues or problems the Department is trying to address. (2) Providing recommendations on how best to deal with those problems. (3) Developing other ideas for enhancing and securing the financial soundness of Florida's public retirement systems. Brad Armstrong Theora Braccialarghe Steve Palmquist Jim Rizzo Larry Wilson •