FMTF07-15-08 • BOARD OF TF;USTEES..
~ Florida Municipal. Trust Fund F~etirement Plan and Trust
for the Firefighters and Police Officers
Longwood City Commission Chambers ,
175 West Warren Avenue
Longwood, F°lorida
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REGULAR.1VIlEETING .
MINUTES
July 15, 2008 7:00 p.m.
Present: Marc McLarnon, Chair
Robert Redditt, Vice Chair
Matthew Jammes, Secretary .
Jack Smythers, Member
H. Lee. Dehner, Board Attorney ,
Linda F. Goff, Recording Secretary
Absent Shane Smith, Member
1. Call to Order. Chair McLarnon called the meeting to order at 7:02 p.m. and was
followed by the Pledge of Allegiance.
~ 2. Approval of Minutes • April 15, 2008 Regular Meeting
April 16, 2008 Special Education. Meeting
Member Smythers moved to approve the Minutes of April 15, 2008
Regular IVleeting as presented. Seconded by Vice Chair Redditt and
carried by a unanimous roll call vote .with Member Smith absent.
Vice Chair Redditt moved to approve the Minutes of April 1.6, 2008
Special .Education Meeting as pre<,>ented. Seconded by Secretary Jammes
and carried by a unanimous voice vote with Member Sinith absent.
3. Review of Agenda Packet Material.
A. Plan Account Statements.
The Plan Account Statements for.February, March, April,. and May 200.8
were. reviewed. .
Secretary Jammes questioned the ,Apri125th reimbursement for Unum
Insuraiiee payment fo:r November,•, December,,and.January on the April
Statement. He said he would like fo know.how many people are being
covered under that policy.
Chair McLarnon asked Secretary Jammes if he knew the specifies of the
policy•
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Secretary Jammes~said'it was a life insurance policy that covers Members ~
at the Police and'Fire Dep"artments:"He stated lie would like to know how
many personnel were covered under that policy. He said his question is
whether it is for all Police and Fire or just for the League of Cities Plan
Members.
Chair McLarnon said the April Statement was a reimbursement so it
appears the fund may be paying it, but it was being reimbursed so it was a
cost neutral.
Secretary Jammes inquired which account was it being paid out of, and
how many individuals it covers. He said there were several Statements that
show the payment of the Unum Life Irisurance and the April Statement
shows the reimbw•sement. Also, was the money reimbursed with interest it
would have earned? He stated this was one reason he had asked Mr.
Shamoun for line by line accounting of payments and which funds they
are coming from.
B. Investment Performance Review.
Chair McLarnon sad'in comparison with where the market is today, the
funds are not that bad.
Secretary Jarrimes said he would yield to people who have had more
' experience. -
Chair McLarnon said with the fund being 40% iri cash, it is fairly well
secured.. He stated because they were a Defined Plan, whether the fund
does tremendously well or not is irrelevant because the pension is totally
defined. He said the funds were fairly well diversified and there was only
one that was significantly lagging.' '
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4. Other Business. ~ ~ ~ ~ -
A. Review of Operating Rules and Procedures. .
Mr. Definer said the Operating Rules' and Procedures distributed
incorporate items that have resulted from prior discussions and documents
provided by~the City regarding timing in terms of Election Procedures. He
stated there was one outstanding item with respect to Section 5.3,
Processing of Payments. He said Mr. Shamoun indicated at the last
' meeting they have procedures;they follow. He sixggested Mr. Shamoun be
coritaeted' and' provide the procedures the' League;of Cities follow so they
can be incorporated in this document. - '
5. Board Attorney Report.
Mr. Definer said he had reviewed all of the documents in connection with the five
year vesting. He stated there was often times confusion about the distinction
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between years. of service required for ve:~ting purposes and' years of service
required for eligibility for retirement ber.~efit purposes. He•said in this Plan the
eligibility for normal retirement. was, upon the attainment of age 50 with ten years
of service or 25 years of service, irrespective of age. He stated this was to be
distinguished from the vesting, requreme>nt which; is five years. He said the 50
with ten years or the 25 years aiid out,. was what one has to attain to immediately
• .retire and receive a benefit, The signific~uice of the reduction of the five years for
vesting purposes is if someone terminates service, and if they have fi e or more
.years they .are .eligible to draw a benefit in the future :at their, normal retirement
date. However, when the Plan was amended to reduce vesting to five years, it
provided that the member,could begin to draw at the otherwise normal retirement
date;. but it is based on actual years of service. He advised they currently have a
situation where they could have someone terminate after: five years, and.they
would,have a vested interest in the Plan; but there is no provision in the Plan to
state when they can start to draw the benefit. •He said this was probably an
oversight and was something that could be remedied. He stated the Plan: will need
to be amended. He recommended to ask Mr. Shamoun have the actuary do cost
estimates on different amendments to the: Plan which would identify. a date when
a vested person that has less. than ten years, but. more than five years would be
able to start. to draw benefits.. , ,
Secretary Janunes said he brought the previous,minutesfiom January 15th where
they discussed this matter. He stated Ms. Rogers had referred to this as .
"housekeeping changes." He said this was an oversight. on the City's part when
they made this change and the fund. shou d not have to pay for the actuarial
review. He inquired if the Board could determine what fund that expense would
be paid from.
Mr. Dehner responded in the affirmative.
Chair McLanion said this was certainly an item for discussion with the City. He
stated the actuary should have been involved when this item was amended. He
declared they need to determine who would have been responsible at that point in
time. He suggested turning this over to 1V[r. Shamoun to get this matter corrected.
Mr. Dehner advised the Ordinance needs to be amended to provide a date when a
vested, terminated person with less than i:en ,years can-start to -draw :a benefit.
.Secretary Jammes, said the paperwork the: City has been providing states. vested at
five years. He said there was one officer that left after five years under the
advisement that when she turns 50, she will be able to withdraw her retirement.
He inquired who would be responsible for taking, care of this matter. with Mr.
Shamoun.
Chair McLarnon said he will., contact Mr; Shamoun and coordinate getting this
matter moving. He inquired if the vesting; was a graduated scale or 100% at five
years:.
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Mr. Dehner sad`the vesting was 1°00% at •five'years. ~1VIr~Dehrier saidall of the ~
documents, the Ordinance, Adoption Agreement, and Summary Plan Description
need to reflect when the person cari begin to draw°. • • '
Mr. Dehner said the Florida League of Cities prepared all the Plan documents up
• : to this time, and it was part of their contract. He suggested they check with Mr.
• Shamoun to see 'if they were working' on amendments to' the •Plan with compliance
with the Federal 'Pension Profection Act: He stated their •Office was in the process
of doing this`in conjunction with the Internal Revenue Service for other plans.
Once that is done then the Board should discuss•whether or riot they want to file
• • with'the Internal Revenue Service for a Favorable Determination Letter. He
` advised that public plans were•not required to have a Favorable Determination
.Letter. However, this should be discussed. He said the potential benefit of the
Favorable Determination Letter was, sfiould they be notified of an audit and they
show•this letter that will probably ~be the end of it. He advised with the Favorable
'Deterrriination Letterwas a process where'the InternalReveriue Service reviewed
the Plan and gives their stamp of approval. He stated they would not want to do
this' letter until all compliance amendments are made. He reported on the State
Legislation and said House Bill 171-and the Companion. Senate Bill once again
didn't make it to the floor before adjournment. They are working on a-similar Bill
for pre-filing this year and he will keep the Board posted on these Legislations.
He reported one Bill did pass that "will impact plans. If is an amendment to Section
112.3173• of the Florida Statutes which provides for forfeiture of pension benefits
if certain specified offenses are committed.
6. Member Comments. ~ ~ ~ ~ '
Chair McLarnon asked Secretary Jammes if he had an opportunity to check the
numbers being reported by the City to the Pension Board and whether they
included overtime.
Secretary Jammes 'said he had not had an opportunity •to look into this, but he will
work on this matter for this• quarter.:
Chair McLarnon said they had held multiple discussions on DROP and PLOP
benefits. He stated he would like to• move forward with verbiage for- vesting and
•get this one item handled, then move on to optional items. ` ' .
Secretary Jammes said each day they wait on military buybacks and prior service
was taking money out of the pockets of the officers--and firefighters. He stated he
• -would like the Board to keep ~in mind that each year they wait; it wily cost the Plan
Member more money"to~purchase that time. ~ •
Chair McLarnon said they have discussed DROPS and PLOPS. He inquired,
based on the difference they have~learned, which they would prefer. '
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Secretary Jammes suggested, since they are cost neutral to the City, why not offer
both and let the Plan Members choose.
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Mr. Definer advised if the Board arrives to the point of directing. language, there
are several decisions that would need to be made. They would need to determine
what percentages to offer for a PLOP. If they do both the DROP and PLOP, do
they desire to allow the two to be used together. He said they would need to
discuss specifics. He stated buybacks were another issue and he reviewed
specifics that would need to be discussed and determined.
Secretary Jamrnes inquired, since they have already had information provided, if
there was any way the Board could say to go ahead and adopt the military
buyback and have the rates based on the date of adoption.
Mr. Definer explained the calculation would be based on the established date from
when the application is filed.. He advised, once the Board has provided
preliminary direction to him, he would provide a draft to the Board and it would
then go in Ordinance form for adoption by the City. Mr. Definer said he would
provide the ;Board information on buybacks, PLOP, and DROP provisions.
Secretary Jamrnes said he would like to Have a motion for a Special Meeting next
inontli so they can review military buyback and get these items drafted.
Chair McLarnon suggested they wait and get the information from Mr. Delmer so
they have the opportunity to review the nnaterials. If needed, they will coordinate
through the Recording Secretary for a Special Meeting. Otherwise, the next
Regular Meeting is in October.
7. Public Participation. None.
Mr. Definer reminded the Board Members the Financial Disclosures were to be
filed by July 1St. He said it was his understanding Shaale Smith may be resigning
from the Board, so in addition to having :filed the Financial Disclosure he will also
need to file the Final Disclosure within 60 days of stepping down. The new
Trustee will need to file a Form 1 within 30 days of appointment.
8. Adjournment. Chair McLa.rnon adjourned the meeting at 7:53 p~m.
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Marc c a~nan~- air
ATTEST:
Linda F. Goff, Recordm Secretary
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