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Pension01-18-11Min BOARD OF TRUSTEES Florida Municipal Trust Fund Retirement Plan and Trust for the Firefighters and Police Officers Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida REGULAR MEETING MINUTES January 18, 2011 7:00 p.m. Present: Marc McLarnon, Chair Robert Redditt, Vice Chair Chris Kempf, Secretary (arrived at 7:27 p.m.) Peter Katauskas, Member Jon Zeh, Member (arrived at 7:17 p.m.) H. Lee Dehner, Board Attorney Jon C. Williams, Financial Services Director Sarah M. Mirus, Recording Secretary John C. Maingot, Mayor 1. Call to Order. Chair McLarnon called the meeting to order at 7:03 p.m. 2. Pledge of Allegiance. Chair McLarnon led in the Pledge of Allegiance. Mayor Maingot made a presentation to the Board Members and thanked them for their dedication and a job well done. He then presented tiles to each of the Board Members. 3. Canvassing of Ballots and Certifying the Election for a Police Officer Member for the Board of Trustees Chair McLarnon opened the secure ballot box and slit open the ballot envelopes. Member Katauskas extracted the ballots and called out the name that was voted for each ballot. There were a total of fifty -eight (58) ballots sent to qualified Police Officers and Firefighters eligible to vote. Thirty (30) ballots were returned and voted. The vote tally was: twenty -seven (27) votes for Officer John Zeh; three (3) votes for Officer Derek Chenoweth. Vice Chair Redditt certified the vote. Chair McLarnon officially announced the votes. Pension 01 -18 -11/1 Officer John Zeh was introduced to the Board. Mr. Dehner said pursuant to the Rules of the Board,, the results would need to be certified by a motion and upon certification Officer Zeh can participate in this meeting. Chair McLarnon moved to accept the votes as tabulated and welcome John Zeh to the Board., Seconded by Vice Chair Redditt and carried by a unanimous voice vote with Secretary Kempf absent. Member Zeh took a seat at the dais at this point of the meeting. Mr. Dehner advised Member Zeh that he would need to complete and file a Form 1, Statement of Financial Interests with the Supervisor of Elections in the county in which he resides within thirty (30) days of today's date. He said with respect to the Trustee that had stepped down or term had expired, a Form 1 F, Final Statement of Financial Interests would need to be filed within sixty (60) days. 4. Election of Officers A. Chair. Chair McLarnon opened the floor for nominations of Chair. Chair McLarnon moved to nominate Robert Redditt as Chair. Seconded by Member Katauskas and carried by a unanimous roll call vote with Secretary Kempf absent. B. Vice Chair. Chair McLarnon opened the floor for nomination of Vice Chair. Chair McLarnon moved to nominate Peter Katauskas as Vice Chair. Seconded by Member Zeh and carried by a unanimous roll call vote with Secretary Kempf absent. C. Secretary. Chair McLarnon opened the floor for nomination of Secretary. Chair McLarnon moved to nominate Chris Kempf as Secretary. Seconded by Member Katauskas and carried by a unanimous roll call vote with Secretary Kempf absent. D. Records Management Liaison Officer (RMLO). Chair McLarnon inquired about the Records Management Liaison Officer position and inquired if anyone was performing this service now, the Pension 01 -18 -11/2 purpose of the position and if it needed to be a Board Member or someone other than a Board Member. Mr. Delmer responded stating someone has been performing this, and wasn't sure who that would be and this formalized the appointment by the Board. He stated that he brought the resolution and would need to be completed based on the Board's actions tonight. He said the individual appointed does not have to be a Trustee of the Board, but it may be a Trustee of the Board. He said this was the official designee for somebody who wants to request any public records of the Board and would be ultimately responsible for those requests. He said once the resolution was passed by motion and the form completed, then it needed to be filed with the City and with a copy going to the Division of Library and Information Services located in Tallahassee. Chair McLarnon inquired if he should be passing the gavel to Vice Chair Redditt since he was now the Chair or when would that become effective. Mr. Dehner said that would be effective for the next meeting. Chair McLarnon said from an operational point of view, Ms. Mirus would be the best contact person. Chair McLarnon moved to nominate Sarah Mirus as the Records Management Liaison Officer (RMLO) for the Board of Trustees - Florida Municipal Trust Fund Retirement Plan and Trust for the Firefighters and Police Officers. Seconded by Vice Chair Redditt and carried by a unanimous roll call vote with Secretary Kempf absent. Mr. Delmer said he would provide Ms. Mirus with the form and to have the Chair complete the information. 5. Approval of Minutes: October 19, 2010 Regular Meeting. Ms. Mirus request the Minutes of the October 19, 2010 Regular Meeting be deferred to the next meeting due to them not being, completed. Chair McLarnon said this Item would be deferred to the next meeting. 4. Review of Agenda Packet Material. A. Plan Account Statements (October 2009 to September 2010, October 2010 and November 2010). The Plan Account Statements for October 2009 to September 2010, October 2010 and November 2010 were reviewed by the Board. Pension 01 -18 -11/3 Secretary Kempf arrived at this point of the meeting. Chair McLarnon noted the ending balance for the fund was $6,715,510.57 as of November 30, 2010. Discussion was held regarding the two (2') payments for the Actuaries. Mr. Williams stated from his perspective, he would be requesting Actuaries on- an annual basis. He noted that prior to his arrival; they were being completed every other year. Chair McLarnon said in regards to the 2009 Actuary Valuation and asked if he was reading the abbreviations correct that at October 1, 2009 there should have been Employee Benefit Statements received. Mr. Williams said he believed the Employee Benefit Statements were received.for that requested period. He said he had the Human Resources Manager print out those Statements, and requested each of the employees to come in and subsequently sign for a copy and the City would retain a copy for their file. He said with the letter requesting a 2010 Actuary to be performed, he requested Benefit Statements for each individual employee for this year and to his knowledge they have not received them. Chair McLarnon stated the reason why he was asking the question because the 2009 Statements went out as of October 1, 2009 and he had not seen anything stating the Statements were received by the participants as of October 2010. He inquired if the Statements would be for the year ending September 30, 2010, and asked when the participants may receive those Statements. Mr. Williams stated as his preference, he would have liked to have seen them in their hands prior to the end of the calendar year, and said they should be in their hands by the end of April 2011. He said he was not familiar with how the Florida League of Cities (FLC), Inc. processes that information and how much time it takes. He said prior to his arrival, he understands that information was given to the individual members inconsistently. He said this was also one of the things they have changed and now request them on an annual basis for each individual member. Chair McLarnon said so now they were ten (10) weeks past the end of October and asked Mr. Williams if he thinks that prior to April, they should have the Plan Account Statements. Mr. Williams responded stating that would be his opinion of that matter. He said he would certainly reach out to the FLC tomorrow morning and ask them the timeframe for getting those Statements prepared and sent Pension 01 -18 -11/4 back to the City. He said their accounting should be wrapped up for the fiscal year and it should not be a difficult task. Chair McLarnon stated that he did not want to dwell on this, but he knows that per conversations with Police, as well as the others, want to know where they stand. He inquired if that information was available online. Mr. Williams responded in the negative and stated the information was not available online. He said as a matter of public record, he tries to document all his conversations through electronic mail, so if there was a question that does come up they can demonstrate. He said from his perspective, as Secretary Kempf pointed out, the FLC was not very responsive at their end and it sometimes was rather frustrating. Chair McLarnon said to Mr. Williams, that his commitment to the City and the employees was always recognized and appreciated. Chair McLarnon said he went through the October report and the last one he had was the November 1 — 30, 2010 report showing a Beginning Balance of $6,693,626.87, Contributions were $17,546.80, Earnings/ (Losses) were $5,336.90, Fees /Req. /Expenses were $1,000, and with an Ending Balance of $6,715,510.57. He said overall, he was looking at what was going on with the Plan within the last fourteen (14) months and it appears that there had been approximately a ten percent (10 %) return overall on the investment. B. Quarterly Performance Review. The Board.reviewed the Quarterly Performance ending in September 30, 2010. C. Invoices. a. Unum Life Insurance Company of America (November 2010) b. Christiansen & Dehner, P.A. (August 2010, October 2010 and November 2010) C. Florida Municipal Pension Trust Fund (August 2010) Chair McLarnon briefly outlined the invoices that were listed on the Agenda. Member Zeh said, in going through the list that he had in the statement dated November 19, 2010, he noticed there were five (5) or six (6) Police Officers that were not included on this list and at least two (2) that were listed who were no longer employed. Mr. Williams stated that was a question that he would have to direct to the City's Human Resources Division and have them follow -up and review Pension 01 -18 -11/5 the listing. He said it should be within sixty (60) to ninety (90) days of hiring that all new employees come on -line and subsequent to termination it should be turned around. He said this was something he would have to investigate further. Chair McLarnon said typically what occurs when they send in a notice of termination, it is tied in with a separation date and they typically go back and credit any funds that have been received and /or any credit towards that person comes back to the company. He said for new hires, he does not know how that was handled with the City. He noted that Mr. Williams would look into the matter and get the answers. D. Lawyers Professional Liability Policy Declarations. Mr. Dehner said this was the Board's Professional Liability Insurance. He had recommended to the Board that they receive on an annual basis the Certificates of Coverage from all their Consultants. Chair McLarnon inquired if they have a composite list of all their Consultants. Ms. Mirus stated that she and Mr. Williams can work on that list. Chair McLarnon said Ms. Mirus and Mr. Williams would put together a list of Consultants and have them provide it to the Board with their Certificates of Insurance. Chair McLarnon moved to accept Items A, B, C and D listed on the Agenda. Seconded by Member Katauskas and carried by a unanimous roll call vote. 5. Other Business. A. Revised Ordinance Amending and Restating Ordinance No. 03- 1671as Subsequently Amended, by Restating the City of Longwood Police Officers' and Firefighters' Pensions Trust Fund. Mr. Dehner said this was the final revision amending the salary definition for the Firefighters to coincide with our definition for Police Officers as noted in the cover letter with the only exception, that they do have a volunteer Firefighter provision. He said otherwise it was the same and it had been sent to the Actuary for his Impact Statement. He noted it was all set to go to first reading. He said after the first reading the Impact Statement and a copy of the Ordinance needs to be mailed to the Division of Retirement. He said after it was passed on second reading, the signed copy would need to be sent to the Division. Pension 01 -18 -11/6 Secretary Kempf said, after that process, it was all said and done. Mr. Dehner responded in the affirmative. Secretary Kempf noted that he did not see anything on the equation that showed their lump -sum bonus and all the details on the DRAGO Fund. Mr. Dehner said the Board decided not to incorporate that in this document, so the documents on the DRAGO Fund were the existing documents that they have on that. Secretary Kempf inquired what happened with their lump -sum bonus. Mr. Dehner said it was just as it had been before. Secretary Kempf said he did not have anything on the lump -sum bonus, like how it was calculated. Mr. Dehner said the Board made no changes on that matter. Secretary Kempf stated, before there was verbiage in their old paperwork as to how it was calculated and it was not included in the new Ordinance. Mr. Dehner responded in the affirmative. He said the DRAGO Fund was not addressed in this Ordinance. He said it would be a throw -back to the DRAGO Fund Ordinance. Secretary Kempf confirmed the DRAGO Fund was still in effect: He inquired if this would not supersede it in anyway. He said he was confused on that because he saw on page 25 of the Ordinance, paragraph 8, where it said there was a maximum benefit in their pension up to $10,000 and he was confused as to what that meant. Mr. Dehner stated those provisions were the Internal Revenue Code Maximum Benefit Provisions. Secretary Kempf said he was looking at his Codes 415(b) -1 and he didn't see anything for this that was referenced in the Codes, so he didn't know if that was one or not. Mr. Dehner said these were all from the Internal Revenue Service. Secretary Kempf said it was safe to say that their lump -sum was the same intact as it was before. Chair McLamon noted nothing had changed. Pension 01 -18 -11/7 Mr. Dehner said the Internal Revenue Code provision as far as maximum pension was concerned was on Page 23, Section 15; and that entire Section was imposed by the Internal Revenue Code. He said when you get to Paragraph 11 on Page 27, Subsection A, that was Section 112 of the Florida Statutes Limitation, which provides that anybody who began participation on or after January 1, 1980, their maximum benefit would be 100% of average filed compensation, exclusive of supplemental and COLA. Secretary Kempf said that he thought before they had their lump sum, it was 2 1 /2 times. Chair McLarnon said that was the DRAGO formula and it was still in effect. Discussion ensued regarding how the monthly benefit from the defined benefit portion can not be more than 100% of their average final compensation for those participating on/or after September 1, 1980, and prior, there was not 100% maximum. But that was the current maximum. Secretary Kempf noted that he had not seen anything on how that DRAGO works. He said he knows that the numerator was the amount of years of service; the denominator was everyone else's years of service and then multiplied by the actual fund itself. He inquired if that was how it works. Mr. Dehner said the Administrator of that has been the FLC, so they need to ask them to go over the calculation if he was interested. Secretary Kempf responded in the affirmative. He said he needed something in here that they can see and understand, so they know what they can expect as a final lump -sum bonus. Mr. Dehner noted that was in the existing DRAGO Plan. Discussion ensued regarding having the FLC come in and explain the DRAGO Plan since they were administering that Program. Mr. Williams said he would request they attend the next Board Meeting. Mr. Dehner said the bottom line, there was nothing in this document that impacted DRAGO whatsoever. Chair McLarnon said they would have to wait until we they get the results from the Actuarial. Mr. Dehner said no further Board action would be required. He said when the Actuarial Study comes back, they can have it set for first reading. Pension 01 -18 -11/8 Mr. Williams said he would keep everyone abreast as to the progress that was being made. Discussion ensued in regards to the DRAGO Plan. Vice Chair Redditt inquired if they will be getting a copy of the total revised program when it's approved. Chair McLarnon responded in the affirmative. Mr. Dehner said once it was adopted and he had a signed copy, he would do a new summary plan description of the entire new document. He suggested having the FLC, since they were administering it, do a presentation with examples of the DRAGO Plan which would eliminate any confusion. 6. ]Board Attorney Report. Mr. Dehner said on the Federal side, they have been discussion pending Federal legislation, and it was still pending with the House Ways and Means Committee. He said most plans have not implemented it. He said this helps to eliminate the requirement. He said hopefully if passed, would take the Board out of liability. He said he would continue keeping them updated on the matter. Mr. Dehner outlined the Trustees responsibilities and liabilities since Member Zeh was new to the Pension Board. Secretary Kempf inquired if there were any upcoming conferences. Mr. Dehner responded and reviewed the calendar of the conferences offered around the State and their costs. Mr. Dehner said the Session in Tallahassee was upon us and there were quite a few bills. He discussed a bill that was pension unfriendly and said they would see some being filed soon. He said this was something they watch daily, and they might want to hold a Special Meeting to discuss the proposed legislation and can get something scheduled. He said it's a concern since Governor Rick Scott campaigned on pension reform. Mr. Dehner stated because of the scheduling for the next meeting, Mr. Scott Christiansen would be taking his place. 7. Member Comments. None. 8. Public Participation. David Besosa. Firefighter with the Longwood Fire Department, said he was concerned about the information that was being passed between the FLC and the City. He said the Florida Retirement System (FRS) had a good website where the Pension 01 -18 -11/9 members can go and find a lot of information. He asked if there was any way they can try to petition the FLC to get something like that setup. He noted he thought it would be well received. Secretary Kempf said they needed to be par with the FRS and would talk to the FLC to see what they can do. 9. Adjournment. Chair McLarnon adjourned the meeting at 8:12 p.m. Robert Redditt, Chair ATTEST: Sarah M. Mirus, MMC, MBA, Recording Secretary Pension 01 -18 -11/10