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based on a target contribution rate; or 5) freeze existing plan
benefits for current members; adjust benefits for future hires.
1 00 Special Council 8- 22- 07
GENERAL EMPLOYEES PENSION FUND conl
Further discussion was held on the payment
delay method for future actuarial valuations.
Dr. Pullen moved to accept the payment
delayed methodology for the budget. Mr. Minich
seconded motion.
Mr. Tierney explained if this particular election is made now and the method is
changed again the City
will have to ask the State for approval to change it again and have a reason on
why they want to go back
to another methodology. He said it can be but the
changed City would not have an automatic ability to
change it like they can now.
The Mayor called for the vote on the motion and it carried
unanimously with Holmes, Miller,
Reeves, Garvie, Pullen, Hartwell, and Minich in favor.
Mr. Linn next went over the six recommendations made
by the Finance Director concerning the
retirement plan. He addressed the first two recommendations that the roles of the
City Council as the
Board of Trustees vs. the General Employees Pension Plan Committee should be re- evaluated
Advisory
and that the Advisory Committee membership should be
changed. He mentioned the fundamental policy
question for Council is whether the City Council wants to retain its responsibility as trustees of the
Pension Fund. He noted by law the Council is ultimately responsible for the liabilities of the
pension fund
and to make sure that the benefits are properly funded. He noted if Council determines
they do not want
Council to be involved in having direct control over decisions of the fund, then
pension they can go in
another direction. He said the model suggested by the Finance Director, the and fire pension
police
board model, has to be balanced where two members are appointed Council,
by two members are
elected, and the fifth member is selected by the other four, and it has been his experience the fifth
member has been someone who is leaning toward the employees. He said in a number of cities that has
a result of that mix on the pension board the cities
essentially have very little control over the decisions of
the board. He said the first decision is whether Council wants to, or thinks it would be beneficial to,
delegate some of the authority they have now as trustees.
During discussion comments included that the advisory committee act along the lines they are supposed
to act, but Council needs to accept full responsibility of overview and of the
oversight general employee'
s
pension fund; clarification that the Actuary provides a number for the police and fire pensions that is put
in the budget, and they do use the payment delay; that the Charter is clear on the
responsibility of
Council and Council should remain the Board of Trustees for the pension plan; that the over time the
committee has become actively involved in knowing the investments of the funds and is performing more
investment related functions; that Council needs continuity with the advisory committee
filtering the
information; and that the advisory committee can make no changes with respect to investment decisions
or make any benefit provisions.
The Finance Director commented she did not think everything she mentioned in items 1 and 2 is to
recommend they change the model to a police and fire model. She disagreed with Mr. Linn' s opinion in
regards to how a police and fire model lean towards. She commented that recommendations 1 and 2 do
not really discuss whether or not City Council would retain control, but is
attempting to focus on a very
clear understanding by all parties of what exactly the committee is supposed to be
doing vs. what City
Council is supposed to be doing.
Mr. Linn expressed it appeared from the discussion that consensus of Council is to continue with the
current structure. He mentioned there are other things Council might want to consider in terms of how
they are advised.
Mr. Tierney expressed his disagreement with the current structure. He stated there are two functions
Council needs to focus on; once the Council is to be the Board of Trustees there are two major
responsibilities, one is investment and the other is administrative. He said the current ordinance has
designated the administrative responsibilities to an advisory committee to deal with administrative
aspects, such as approving benefits and dealing with disabilities. He said that is in place and as far as
he can tell it is vvorking.
Special Council 8- 22- 07 101
GENERAL EMPLOYEES PENSION FUND cant
Mr. Tierney said he did not believe Council should be asking that type of advisory committee to take
significant roles in providing investment advice. He said if Council wants to have someone give advice
and recommendations with regard to investment they should set up an investment committee. His
professional recommendation is that there be two committees then there would be employees to deal
with administrative issues and people with more financial experience to deal with investment
recommendations. He thought the next step would be how Council wants the investment interaction to
work. He said if Council is relying on Merrill Lynch to provide the expertise, which is in a sense
delegating responsibility to Merrill Lynch to give recommendations, that works and there would be no
J need for an investment committee. He said from his perspective it is hard to know what Council is
expecting the current advisory committee to do with regard to investments.
During discussion on the role of the advisory committee, comments included that the makeup of the
committee is critical in order for Council to feel comfortable with any recommendations; that Council
relies on the advice of professionals; that the advisory committee has never recommended anything
against the Merrill Lynch advisor; that Council has followed the advice of Merrill Lynch for years and the
advisory committee only keeps an eye on investments.
Mr. Tierney noted if Council is already interviewing investment managers then Council is already serving
as the investment committee and the question is, does Council want to be their own investment
committee or do they want to delegate that part of it. He stated if they delegate it to people that
specialize in that they are not the same people as the people that might administer the plan. He
recommended if Council is going to take any recommendations from an advisory committee that it should.,
be put in the ordinance in order to make sure people understand what responsibilities Council is';
accepting and what responsibilities they are delegating, as there is potential for misunderstanding about
who is accepting responsibility for these decisions. .
Further comments included that before creating another committee that Council not take any financial
advice from the advisory committee as Council has a Merrill Lynch financial advisor they have worked
with for years and it has worked well; that if there were financial advisors it might broaden the base for
Council to make a decision.
The Finance Director explained the reason she made recommendation 5 that the Plan should retain
professional experts who act in a fiduciary capacity is because if there is no option of having someone
who is giving a higher level of fiduciary responsibility in regards to giving advice, double check on
investment advisors or disagreeing with the investment advisor or is educated to the level where they
could disagree with the investment advisor, then Council needs to be assured that the contract with
Merrill Lynch has a fiduciary capacity in it. She did not belie\e it currently does.
Mr. Linn was unsure if there is a fiduciary clause but Merrill Lynch is serving as a fiduciary for the plan.
He will review the contract and if it is not in there he agreed it should be in there because by law they are
functioning in a fiduciary capacity, as are all of the pension advisors.
The question was asked on what pool Council would draw from to set up a committee on
recommendation number 5. The Finance Director clarified that recommendation 5 describes the experts
in terms to hire outside experts such as the investment advisor. She explained on the membership of the
J actual committee the possibility would be to add two members to the existing committee with outside
expertise. She said the Human Resources Director and herself have to attend every meeting whether
they are a voting member or not and in some situations she is voting on her own advice she is giving the
advisory committee and she feels that is a conflict. The question was asked on recommendation 5
whether the City would have to hire professional experts. The Finance Director clarified the City has the
professional experts already but there are some improvements that could be made in regards to the
arrangements or agreements. Mr. Linn confirmed he would check the contract with Merrill Lynch to see
whether it states they are fiduciary, which is typical in an investment advisors contract.
8- 22- 07
102 Special Council
RECESS
The meeting recessed at 7: 37 p. m.
RECONVENE
The meeting
