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HomeMy WebLinkAboutRetirement Committee - Minutes - 05/07/1998City of Fort Collins gees Retirement Plan 0 CQ9 FORT COLLINS GENERAL EMPLOYEES RETIREMENT COMMITTEE MAY 7, 1998 MEETING MINUTES COUNCIL LIAISON: Mayor Ann Azari COMMITTEE MEMBERS PRESENT: Tun Hume, 221-6776 Dave Agee, 221-6681 Alan Krcmarik, 221-6788 Kevin Westhuis, 224-6156 Patti Teraoka, 221-6715 OTHERS PRESENT: Russ Proctor, Watson Wyatt Worldwide, the City's actuarial firm Laurie Harvey (Staff Support - Human Resources) Greg Tempel (Staff Support - Legal) Bob Eichem (Staff Support - Investments) Judi Pino (Staff Support - Visiting Secretary) CALL TO ORDER: Chairperson Kevin Westhuis called the meeting to order at 1:20 p.m. in the Council Information Center of City Hall West APPROVAL OF MINUTES: Kevin indicated the first item of business was approval of the minutes of the April 2nd meeting. He noted they were sent out in draft form by Sue Wilcox. Alan Krcmarik distributed final copies of the minutes. Dave Agee asked if the other committee members had noticed that the Clerk's office had changed the code. He explained that he understood the minutes do not have to be filed with the Clerk's office until they have been approved by the committee. Greg Tempel stated it was just the first reading of an ordinance so it hadn't passed. Greg checked for the changes to the minutes he had requested and determined they had been made. Alan moved for approval of the minutes as distributed and Patti Teraoka seconded the motion which passed 5-0. ADDITIONS TO AGENDA: Alan said he would be distributing the quarterly investment report later and that he would need to leave about 3:45 but Bob Eichem would be present to review the report. DISCUSSION TOPICS: 1. GER PLAN MEMBER(S) COMMENTS/CITIZEN PARTICIPATION: There were no plan members present for comment. Kevin has had feedback from several individuals that they appreciate the minutes being sent out prior to the final 300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6788 • FAX (970) 221-6782 GERC Minutes - May 7, 195 copy. It gives them the opportunity to get a feel for the content of the meeting and to stay more current with the actions of the Board. It was agreed that Sue should continue to send the minutes in this fashion: she will complete the draft within a week of the GERC meeting date; Alan Krcmarik will review the draft within the following week; and Sue will distribute the revised minutes to GERC members and support staff before making them available to all Plan members. REPORT ON MEETING WITH CITY MANAGER & MAYOR ANN AZARI: MAIN POINTS Alan and Kevin met with the City Manager and the Mayor on April 15th regarding the planned educational presentations for Plan participants, and the COLA for retired members of the Plan. Council member Chuck Wanner was also present for part of the discussion. To prepare for the meeting, Dave had prepared a memo for the Committee to the City Manager outlining the Committee's position and asking that he discuss this issue with the GERC. The first item discussed was the conversion from Defined Benefit to Defined Contribution choice and the Mayor was very pleased to hear it was being addressed. The City Manager supported the idea of the education program and asking plan members to choose. They then moved on to the cost of living adjustment for retirees. The Mayor feels this is a hot issue and wants an answer on how the Board plans to proceed. The City Manager expressed concern about the option of using General Fund money to pay for the inflationary adjustment. He asked if using General Fund money would be legal. Kevin and Alan were assigned the task of reviewing the responses with the Committee. The first issue is legality. Greg Tempel said the expenditure from General Fund would have to have a public purpose to be legal . Kevin stated that previous COLAs that were funded out of GERP were done before pension contributions were a part of total compensation. Alan indicated the last COLA was from pension assets. Greg Tempel said up until the employee retires, they are still an employee of the City and the pension plan is really a contract of employment. Once an employee leaves the employment of the City, they have no contractual right to any more money. So to give them more, you must be able to justify that by finding a public purpose for the cost of living increase. Dave pointed out that even though they are retired, they are still Plan members. Dave requested legal advice on this subject. Greg said he would need time to research this and get back to the Committee. Dave said even though the City Manager said a COLA wouldn't come from operating revenues, the City Council could opt for it. Alan reminded the Committee that Council member Chuck Wanner was the one who questioned the GERC Minutes - May $ 1998 • legality of a COLA from the General Fund. The Committee needs to firm up its position, whether its legal, and prepare a financial plan. Greg said that he would attempt to provide the GERC with legal advice concerning this topic however, a conflict of interest could arise if GERC took a position which was contrary to a position which City management decided to take. Dave pointed out that the position of the Committee was not necessarily in favor of the COLA, but more as trustees trying to get the facts and present the information to the right parties to make a decision. CONCLUSIONS/NEXT STEPS Alan is to look into different ways of funding a COLA. He stated that some retirees have been meeting on an informal but semi - regular basis. They would like to discuss prospects of a cost of living raise. Tim Hume touched on the impact such a group will have, especially as the number of retirees continues to grow. Dave asked what the committee's options would be for legal counsel in this matter. Greg will prepare a legal memorandum concerning the legal issues surrounding the provision of a COLA. If at some point, GERC determines that it needs separate, independent legal counsel because there is a conflict of interest, Greg can provide additional information concerning the possibility of hiring outside legal counsel. Russ stated that Watson Wyatt cannot provide legal counsel to the GERC. LUMP SUM ISSUE (EXECUTIVE SESSION): MAIN POINTS: Greg suggested the Committee go into executive session in order to receive legal advice from him concerning strategy of implementing lump sum amendments to the Plan. There being the required quorum of GERC members present, Dave moved that the GERC go into executive session for the purposes suggested by Greg and Tim Hume seconded. The motion passed unanimously. Following discussion of legal issues raised by Greg concerning the lump sum benefit amendment of the Plan, Dave moved that the Committee adjourn the executive session and return to open session. The motion passed unanimously. Greg provided an overview of the suggested lump sum benefit amendment to the Plan. CONCLUSION/NEXT STEPS: Dave moved that the Committee recommend the following Plan changes to City Council for adoption: Create Retirement and severance lump -sum election at valuation interest rate for all current and future employees. Grandfather mandatory <$100 lump -sum retirement and severance provisions at the Pension GERC Minutes - May 7, 1990 Benefit Guarantee Corporation rate, with future employees at valuation interest rate. Grandfather all death benefit lump -sum options at 7.5% (giving effect to the 1995 amendment), with future employees at valuation interest rate. Alan seconded the motion and the motion carried unanimously (5-0). Alan agreed to prepare the information for presentation to Council. Note: Council considered the item on the May 19`h meeting and it passed on the consent agenda. Kevin suggested a 5-minute recess. 4. DISCUSSION ON MEMBER EDUCATION ON DEFINED BENEFIT/DEFINED CONTRIBUTION CHOICES MAIN POINTS:: Jeff Kraft presented a proposed communication plan for the Committee's review. T dates scheduled for these meetings are: June 3 at 4:00 p.m. and 6:30 p.m. in the Mini Theater at the June 4 at 7:00 a.m. and 9:00 a.m. Lincoln Center June 18 at 9:00 a.m. and 10:00 a.m. One meeting is also scheduled in the Council Chambers on June 23 at 9:00 a.m. Hopefully, these times would allow for various work schedules and for those employees whose spouses want to attend. The Committee discussed Jeff s presentation and requested the following modifications: Under subheading - Situation, item four would read "Appropriate analysis of affirmative elections require to go forward". Statement of Purpose - "The GER Committee will provide information and education to assist GER Pla participants to choose between continuing participation in the DB GER Plan or a DC Money Purchase Retirement Plan." A great deal of discussion followed regarding eligibility of employees, definition of plan member, break-in service, new hires, etc. Greg reminded Committee members that "employment" as defined in the Plan may not be what it seems in general everyday terminology. An employee for the GER Plan is defined in the Pl documents. Also discussed was who would be allowed to participate in the vote to switch from a DB to DC plan. An active employee in the Plan cannot take a distribution. Anyone who opted out of GER Pla previously but left their vested benefit in the Plan would be able to remove their funds if they qualify unde the proposed lump sum distribution criteria. CONCLUSION/NEXT STEPS: One -on -One - Russ and Jeff will be present at all of the presentations. They suggested that some of the Retirement Committee members be available for discussion or questions. Alan asked if ICMA Retirement Corporation representatives should be there and Russ thought this would be a good idea as long as the Committee is comfortable with it. Alan indicated that ICMA RC should hav GERC Minutes - May A998 • the ability to produce personalized statements for individuals. Alan will request that ICMA RC participa in the education program. Russ said timely printing is an issue and Watson & Wyatt will use its sources for printing. Would ICMA RC statements and worksheets be included in the packets? It was agreed the worksheet would be a usef tool. Russ also asked if there could be a City E-mail address set up, or voice mail where people could ca for information. Laurie said HR has a phone line that could be used for that purpose. It was determined that Fort Notes is published quarterly so it probably wouldn't help, but a flyer could be distributed with paychecks. The meeting schedules should probably go out in the next week. The discussion moved on to the election form itself. Laurie said HR is set up for an election and could handle administering the form. The forms should be prenumbered , with three copies: one for City, one f participant, and one for the investment company. Laurie thinks a sign-up sheet would be important to compare with the election forms. A spouse or friend cannot pick up an employee's election form. It will necessary to have someone at the doors of each presentation to hand out packets. The packets will inclu an individual ICMA statement, Election Form, and Presentation Booklet. It will be suggested, not required, that people in a certain range of the alphabet attend a specific meeting to make that process mor manageable. If an employee doesn't make it to a presentation, can they still vote? The presentations should be mandatory. Alan and Kevin will work with the ELT to encourage this. Note: Kevin attended the ELT meeting on May 20t°. Alan Krcmarik left at 3:45 due to a prior commitment. The issue of administration and management of possible DC funds ensued. The Committee decided that, given the current timetable, ICMA RC would be the money purchase plan provider. S. MEETING CONTINUED MAIN POINTS: Because there were still a number of items on the agenda, Kevin proposed that the Board continue the meeting on 5/21/98. He will take all comments and consolidate the information. Gre said this time table doesn't afford him time to get outside legal counsel to review the selection documents however, Greg will probably seek outside legal counsel to review Plan amendment issues which are not a time sensitive. CONCLUSION/NEXT STEPS: Dave proposed and the Committee agreed that the remainder of the agenda items be carried over to May 21 at 1:15 pm in the CIC. Kevin handed out a letter to be reviewed for item #8 (rollover request from deferred vested member. Bob Eichem passed out the First Quarter Investment Report, the April Investment Summary, and the one page Morningstar Mutual Fund recaps fo all mutual funds held by the GERP. The meeting was adjourned at 4:25 p.m. AGENDA & SCHEDULE FOR NEXT MEETING GERC Minutes - May 7, 1998 The next meeting will be Thursday, June 4'h at 1:15 pm in the Council Information Center (CIC) of City Hall West. The agenda will include: 1. QDROs Procedure & Forms Finalized 2. Rollover Request from Deferred Vested Member. 3. Watson Wyatt Fees & Contract Discussion 4. Use of Year -End Pay Rates on PRPS 5. Moving Future GERC Meeting Sites 6. Quarterly & Regular Investment Review 7. Other Business ADJOURNMENT The meeting was adjourned at 4:25 p.m. GERC/GERP WEB PAGE ADDRESS: www.ci.fort-coffins.co.us/CrrY_HALIJBOARDS CONMSSIONS/RETIREMENTfmdex.htm FUTURE MEETING SCHEDULE: The May 7te GERC Meeting was continued to May 21, 1998 at 1:15 pm in the Council Information Center of City Hall West. The General Employees Retirement Committee normally meets at 1:15 p.m. on the 1st Thursday of each month in the Council Information Center, City Hall West. THURSDAY, JUNE 4, 1998 THURSDAY, JULY 9, 1998" THURSDAY, AUGUST 6, 1998 THURSDAY, SEPTEMBER 3, 1998 THURSDAY, OCTOBER 1, 1998 THURSDAY, NOVEMBER 5, 1998 THURSDAY, DECEMBER 3, 1998 "Because the July meeting falls so close to the observance of Independence Day (on July 3rd), it was moved to the next Thursday, July 9 Th., 1998