Item 7BAGENDA ITEM # 7B
AUGUST 27, 2007
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Ordinance 58-07-32 amending Chapter 2, Article VI, Division N, section 310.27
of the City's code of ordinances to increase the police employee pension
contribution rate from 1% to 4.815% of salary to the Police Pension Fund
SUBMITTED BY: Nelson Van Liere
Finance Director, Plan Administrator
DATE: August 9, 2007
BACKGROUND: In 2005, the City drafted an ordinance to propose a number of changes to the
Police Retirement System. Among other additional benefits, this ordinance included a provision
to increase the contributions made by the members. Although the retirement benefits of the
police are comparable and in some cases more lucrative than others, our officers contribute less
than neighboring communities for that benefit. This ordinance will raise the contribution rate of
those paying 1.00% of pay to the same rate that the senior officers are contributing of 4.815%.
Once completed, all sworn officers wild pay the same rate. The State of Florida Division of
Retirement has requested that this be addressed in order for the plan to stay in compliance with
section 185 of the Florida Statutes.
Through the union negotiating process, the City and the Union agreed to a wage and benefit
package including these changes. As part of the adoption process, the City forwarded the
ordinance to the State, Division of Retirement, for their approval. The State initially disapproved
the ordinance because it claimed the ordinance did not provide greater benefits in exchange for
the increased contributions. The State's position was that the wage increase negotiated for,
although it is a part of the benefit calculation, does not constitute a benefit increase. The City
argued that the wage increase does in fact increase the benefit amount. The State also took the
position that the other benefits being proposed were not additional benefits because they did not
cost the City anything and therefore increased contributions were not justified. The City argued
that the statutes do not indicate a requirement to spend any funds, but simply to associate the
increase in contributions with additional benefits. The City contends that we were proposing
additional benefits.
The three additional benefits included in the ordinance aze:
1.) Pou Up Provision This provision allows a retiree, having selected a survivor benefit, to
receive the normal straight life benefit if the survivor dies before the member.
2.) Purchase of Credit Service This provides a member with the opportunity to purchase
years of service at the full actuazial cost for years worked in other agencies.
3.) Change of Beneficiary This provision allows for a retiree to change the beneficiary after
retirement up to two times.
Again the State denied approval of the ordinance without changing their position. The City's
pension attorney then reminded the State that the proposed ordinance also eliminates the
discrimination that exists between those officers paying 1% and those paying 4.815% of pay for
the same benefits. Based on this point alone, the State gave approval to go forward with the
ordinance.
AGENDA ITEM I17B
AUGUST 27, 2007
Included in the proposed ordinance are effective dates that have already passed, however it is the
opinion of our pension attorney that we should adopt the ordinance as written and implement it as
soon as possible. Any changes to the ordinance may open the door for renegotiation by either the
State or Union.
BUIDGET: The actuary impact statement estimates an annual savings of $38,835 per year,
however this will have no effect on the current year's budget.
RECOMMENDATION: Approve Ordinance 58-07-32
ATTACHMENTS: Gabriel, Roeder, Smith & Company Actuarial Impact Statements
Pension Attorney recommendation
Ordinance 58-07-32
REVIEWED BY CITY MANAGER
AGENDA ITEM # 7B
AUGUST 27, 2007
ORDINANCE NO. 58-07-32
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE VI, DIVISION 4, POLICE OFFICER RETIREMENT
SYSTEM, TO PROVIDE THE LIMITED OPPORTUNITY TO
CHANGE A DESIGNATION OF BENEFICIARY BOTH PRE AND
POST RETIREMENT; PROVIDE THE OPPORTUNITY TO
PURCHASE CREDITED SERVICE FOR PRIOR MILITARY AND
POLICE OFFICER EMPLOYMENT ON PAYMENT OF FULL
ACTURIAL COST BY THE EMPLOYEE; PROVIDE PROVISION
FOR ADJUSTMENT TO NORMAL RETIREMENT BENEFIT IN
THE EVENT DESIGNATED BENEFICIARY PREDECEASES THE
EMPLOYEE; PROVIDE INCREASES IN EMPLOYEE
CONTRIBUTION RATE; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach, Florida has an interest in the future retirement of its
employees and wishes to improve the retirement systems whenever feasible; and
WHEREAS, the City must maintain compliance with Chapter 185 of the Florida Statutes; and
WHEREAS, the city desires to remain competitive in the local area with respect to salary and
benefits offered to its employees; and
WHEREAS, the City and certain employee representation groups have agreed to specific
provisions through the collective bargaining process; and
WHEREAS, the City Commission has received and reviewed an actuarial impact statement
related to this change; and
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 2, Administration; Article VI Employee Benefits; Division 4, Police Officer
Retirement System be amended as follows:
DIVISION 4. POLICE OFFICERS' RETIREMENT SYSTEM
Sec.2~01. Definitions.
The following words and phrases as used in this division shall have the following meanings unless a
different meaning is clearly required by the context:
Actuarial equivalent shall mean that any benefit payable under the terms of this plan in a form other than
the standard form of benefit for members shall have the same actuarial present value on the date payment
commences as such standard form of benefit. For the purpose of establishing the actuarial present value of
any form of payment, all future payments shall be discounted for interest and mortality by using the 1983
Group Mortality Table, with ages set ahead five (5) years in the case of disability.
Beneficiary shall mean any person, desienated in writing by a member who is being paid, or has
entitlement to future payment, of a pension or other benefit by the retirement system for a reason
AGENDA ITEM # 7B
AUGUST 27, 2007
other than the person's membership in the retirement system. A member may revoke such
desi~riation by si~nin~ and filing with the board of trustees a new designation of beneficiary
form at any tune nnor to retirement however after retirement such designation of beneficiary
may only be chansed twice. The board of trustees may request such evidence of the good health of a
beneficiarv that is being removed as it may require and the amount of the retirement income ~a able upon
the desi~iiation of a new beneficiary be actuarially re-determined to ensure that the benefit paid is the
actuarial equivalent of the present value of the member's current benefit taking into account the
awes and sex of the former beneficiary the new beneficiary and the member
Sec. 2-310.1. Credited service.
Service rendered by a member of the retirement system shall be credited to the member's individual
credited service account in accordance with rules the board of trustees shall from time to time prescribe
and in accordance with the applicable provisions of Chapters 185, Florida Statutes. In no case shall more
than one (1) year of credited service be credited on account of all service rendered by a member in any
one (1) period of twelve (12) consecutive calendar months. Service shall be credited to the nearest one-
twelfth (1/12) of a year. Service shall be credited for the total number of years, and fractional parts of
years, of service of the member.
A member, may purchase up to five (5) years of Credited service for service in the Armed Forces of the
United States or service as a Police Officer for any law enforcement agency prior to employment as a
Police Officer by the City by depositing the full actuarial costs of such tears of Credited service that
would have occurred had the Police Officer been employed by the City~for the number of years
purchased. Such payment for said prior Credited service may be made as a lump sum or in installments
not to exceed the years of service purchased• however must be paid in full prior to retirement
Installment payments shall require interest at the actuarial rate of return for the years purchased Such
purchase of prior Credited service shall take effect upon vesting If a member terminates service prior to
vesting and receives a refund of employee contributions the amount paid for such prior Credited service
shall also be refunded. Subject to the followin~•
1. Prior Credited service shall not be granted for service where the member is receiving or is
entitled to receive a benefit from another governmental pension s, sum
2. Prior Credited service under this section shall only be ,provided for service in the Armed
Forces of the United States or service as a police officer for any law enforcement agency.
3. Actual Prior Service credit purchased shall be added to the years of service with the City
4. Election to purchase prior Credited service for prior service in the Armed Forces of the
_United States or with any law enforcement a ency not to exceed a combined total of five (~
years, shall be made in writing to the Board of trustees The cost of prior Credited service
purchased for such prior service shall be the full actuarial cost of all Credited service
purchased hereunder computed as a lump sum payment into the plan Actual payment may
at the member's option be extended over a period of time not to exceed the years purchased
and shall be subiect to interest at the assumed actuarial rate for the years purchased Such
payment may be by direct in-service transfer from a participant's deferred compensation
account (457 accounts) pursuant to Section 457(eZ(17Zof the Internal Revenue Code or any
other qualified plan. Full payment of such purchased prior Credited service must be
completed prior to the member's actual retirement
Sec. 2-310.11, Optional forms of pension payment.
2
AGENDA TEEM # 7B
AUGUST 27, 2007
A member of the retirement plan may elect to be paid under one (1) of the following optional forms of
payment in lieu of the standard normal or early retirement benefit form of payment. The election must be
made in writing and filed with the boazd of trustees prior to the date retirement is effective. No member
may change the elected optional form of payment after the date of cashing oLr depositing the first benefit
payment. Unless otherwise elected, the standard normal benefit form shall be "Option A" below.
Payment will be made under the standard normal retirement benefit form if a timely election of an
optional form of payment is not made. The amount of pension under any option shall be the actuarial
equivalent of the amount of pension under the standard normal retirement benefit form payment.
(1) Option A; Ten (10) years certain and retirant's life thereafter: Under Option A, a retirant
shall be paid a pension for life, however in the event the retirant dies after retirement but
before receiving retirement benefits for a period of ten (10) years, the same monthly
benefit will be paid for the balance of such ten year period. Benefit payments shall be
made to the retirant's designated beneficiary or estate for such period.
(2) Option B; Modified joint survivor pension:
a. .; A retirant shall be paid a reduced pension for life with the
provision that upon the retirant's death, a benefit as designated by the retirant of either,
one hundred (100), seventy-five (75), sixty-six and two thirds (66 2/3) or fifty (50)
percent of the reduced pension benefit shall be continued throughout the future lifetime
of and paid to such person as the retirant shall have specified by written designation duly
executed and field with the boazd of trustees at the time of election of the optional form
of payment.
b. A retirant shall be maid a reduced pension for life with the provision that upon the
retirant's death, a benefit as designated by the retirant of either, one hundred (100),
seventy-five (75), sixty-six and two thirds (66 2/3) or fifty150) percent of the reduced
pension benefit shall be continued throughout the future lifetime of and paid to such
person as the retirant shall have specified by written designation duly executed and field
with the boazd of trustees at the time of election of the .optional form of payment.
However, in the event the person designated by the retirant predeceases the retirant, the
monthly benefit shall increase to the amount payable under the standazd normal form of
payment for the remainin lifetime of the retirant.
Sec. 2-310.27. Member contributions.
(a) Member contributions for benefit group police bargaining unit members covered by the
current collective bargaining unit collective bargaining agreement shall be eue-{~-)
petee~e€sela~-two and eight hundred fifteen thousandths (2.815Zpercent of salary.
Effective on September 24, 2006 Member contributions for benefit group police
bazgaming~unit members covered by_the current collective bar aining unit collective
bargaining agreement shall be three and eight hundred fifteen thousandths (3.815Zpercent
gf salary.
Effective on September 23, 2007 Member contributions for benefit group police
bar ag fining unit members covered by the current collective bar ag inin~ unit collective
bargaining agreement shall be four and eight hundred fifteen thousandths percent (4.815)
of salary.
All contributions shall be deducted from the member's pay and paid over into the
retirement system each ,pay period.
3
AGENDA ITEM # 7B
AUGUST 27, 2007
(b) For Member contributions for benefit rg_oup police that are non-collective bargaining unit
members ,the contribution rate shall be four
and eight hundred fifteen thousandths (4.815) percent of salary, -~
All contributions shall be deducted from the member's pay and paid over into the
retirement system each pay period.
SECTION 2. Severability
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
SECTION 3. Effective Date
This ordinance shall take effect immediately upon its passage and as soon as the related
payroll deduction items can be implemented.
PASSED by the City Commission on first reading on the day of 2007.
PASSED by the City Commission at Public Hearing and fmal reading this day of
2007.
Donald M. Wolfson
Mayor /Presiding Officer
ATTEST:
Donna L. Bussey
City Clerk
Approved as to form and correctness:
Alan Jensen
City Attorney
LEGEND: Underlining?, is new language
4
AGENDA ITEM # 7B
AUGUST 27, 2007
CITY OF ATLANTIC BEACH POLICE OFFICERS' RETIREMENT SYSTEM
ACTUARIAL IMPACT STATEMENT, FEBRUARY 8, 2006
Description of Ordinance Change
Provide apop-up benefit as an actuarially equivalent optional form of retiree pension to
new retirees
Funding Implications of Amendment
An actuarial cost estimate for the amendment is attached.
Certification of Administrator
The actuary has been furnished with a description of the amendment.
I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statues and Section
14, Article X, of the Constitution of the State of Florida.
'`~ U~, ~ ,Administrator
City of Atlantic Beach
Police Officers' Retirement System
AGENDA ITEM # 7B
AUGUST 27, 2007
CITY OF ATLANTIC BEACH POLICE OFFICERS' RETIREMENT SYSTEM
ACTUARIAL COST ESTIMATE, FEBRUARY 8, 2006
Description of Proposed Ordinance Change
• Provide apop-up benefit as an optional form of retiree pension to new retirees
Comments
The effect of the proposed change on contributions and obligations is de minimis.
~(
Brad ee Armstrong, ASA, ~EA [OS-5614]
AGENDA ITEM # 7B
AUGUST 27, 2007
CITY OF ATLANTICEACH POLICE OFFICERS' RETIREMENT SYSTEM
ACTUARIAL COST ESTIMATE, FEBRUARY 8, 2006
See below three sample cases illustrating the cost to the employee of the various survivor
benefits. This is for illustrative purposes only. The cost varies for different retireelbeneficiary
age combinations.
Retiree Beneficiary Joint and pop-up
~ Benefit
Survivor factor
Age Age Benefit? Reduction
......_.._._.__~_ __..__ .. __._._.__.:_____._. __Percentage. ~_____._.~....__._~.._;. ___._..___,._._....___. _ .._..._.___..___....__....__._
_..--- -._._.._.__.__._
62 j ____._._.._.----___._~
67 _____..__._____.___..._.._
100% ________...._._....._..--_.-
yes _ ____ -_...w...._... _..... _..~:
0.81892 ~ _______.__...._...__._.
18.11
62 67 100% no 0.84669 15.33%
62 67 50% _ ~ yes~___ _ 0.90045 9.96%
62 67 S0% no 0.91698; 8.30%
65 65 ~ 100% yes _.. _ ~ ~ 0.76247 23.75%
65 65 ~ 100% no 0.78871 21.13%
_ 65
_~.__
_ 65 _ :'
-~ __ 50%__ _ yes _'_
.
--- _0.86523 13.48% _'
~
I
65 ~
=
65 50%~
___ -~
no_.._. ..___ 0_88187~. 11`81% ~i
_
~
56 ~ .
_
._._._..__
51 „
_
_
100% yes 0.81953 18.05%
56
. 51 100%
.. no
.
..___
_._._
_._._._._..- 0.82888
__--....--_ 17.11%
_.__..__.._..-----._____.,.
....___.____...w-
_
56 !
.
--_---~..:~....~ __.._.._______._..___._..._,
51
w__....._.._._._.__.._......._ ______.__.__._.._..____,...._
S0%
--__-- .__ ,._
.
._
_
___,_S.'es ___..,:._ ___.0.90081_. _____.9.92%
,
56 51 50% no 0.90643 9.36%
e.g. the first case is entitled to $1,000 per month straight life benefit, electing a J&S 50% with
pop-up, would get approximately $1,000*(100% - 9.96%) _ $900.40 per month
AGENDA ITEM # 7B
AUGUST 27, 2007
CITY OF ATLANTIC BEACH POLICE OFFICERS' RETIREMENT SYSTEM
ACTUARIAL IMPACT STATEMENT, FEBRUARY 8, 2006
Description of Ordinance Change
• Allow a change of beneficiary after retirement with appropriate actuarial equivalent
reductions.
Funding Implications of Amendment
An actuarial cost estimate for the amendment is attached.
Certification of Administrator
The actuary has been furnished with a description of the amendment.
I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statues and Section
14, Article X, of the Constitution of the State of Florida.
//
"~~- ~~, ~Ce2i? ,Administrator
City of Atlantic Beach
Police Officers' Retirement System
AGENDA ITEM # 7B
AUGUST 27, 2007
CITY OF ATLANTIC BEACH POLICE OFFICERS' RETIREMENT SYSTEM
ACTUARIAL COST ESTIMATE, FEBRUARY 8, 2006
Description of Proposed Ordinance Change
• Allow a change of beneficiary after retirement with appropriate actuarial equivalent
reductions.
Comments
The effect of the proposed change on contributions and obligations is de minimis.
I ~~SL~ `~'`~
Brad Lee Armstrong, ASA, , EA [OS-5614]
L~~ / ~~(o
AGENDA ITEM # 7B
AUGUST 27, 2007
CITY OF ATLANTIC BEACH POLICE OFFICERS' RETIREMENT SY5TEM
ACTUARIAL IMPACT STATEMENT, FEBRUARY 8, 2006
Description of Ordinance Change
• Purchase of years of service for work performed during employment with other agencies,
with the member paying the full actuarial cost.
Funding Implications of Amendment
An actuarial cost estimate for the amendment is attached.
Certification of Administrator
The actuary has been furnished with a description of the amendment.
I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statues and Section
14, Article X, of the Constitution of the State of Florida.
~~ • ~~~ ~~ .Administrator
City of Atlantic Beach
Police Officers' Retirement System
AGENDA ITEM # 7B
AUGUST 27.2007
CITY OF ATLANTIC BEACH POLICE OFFICERS' RETIREMENT SYSTEM
ACTUARIAL COST ESTIMATE, FEBRUARY 8, 2006
Description of Proposed Ordinance Change
Purchase of years of service for work performed during employment with other agencies,
with the member paying the full actuarial cost.
Comments
The effect of the proposed change on contributions and obligations is de minimis.
`~~
Brad Lee Armstrong, ASA, A [OS-5614]
~5~~~~
AGENDA ITEM # 7B
AUGUST 27, 2007
CITY OF ATLANTIC BEACH POLICE OFFICERS' RETIREMENT SYSTEM
ACTUARIAL IMPACT STATEMENT, FEBRUARY S, 2006
Description of Proposed Amendment
• Increase the employee contributions based on the following schedule:
Increase from 1.000% to 2.815% March 1, 2006 (estimated implementation date)
Increase from 2.815% to 3.815% September 1, 2006
Increase from 3.815% to 4.815% September 1, 2007
Funding Implications of the Amendment
An actuarial cost estimate for the amendment is attached.
Certification of Administrator
The actuary has been furnished with a description of *he amendment.
I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statues and Section 14,
Article X, of the Constitution of the State of Florida.
C/~-, ~C~/1~ ,Administrator
City of Atlantic Beach
Police Officers' Retirement System
AGENDA ITEM # 7B
AUGUST 27, 2007
CITY OF ATLANTIC BEACH POLICE OFFICERS' RETIREMENT SYSTEM
ACTUARIAL COST ESTIMATE, FEBRUARY 8, 2006
Data and Actuarial Assumptions
The data and actuarial assumptions used for the cost estimate were the same as used for the September 30,
2004 actuarial valuation.
Description of Amendment
Increase the employee contributions based on the following schedule:
Increase from 1.000% to 2.815% March 1, 2006 (estimated implementation date)
Increase from 2.815% to 3.815% September 1, 2006
Increase from 3.815% to 4.815% September 1, 2007
Contribution Implications of the Amendment
Before Amendment
Percents of Payroll
Police
FY 05/06 Dollars
Police
Normal Cost 17.83%
Unf d Act. Accr. Liab. 6.90
FS 112.64(5) Compliance 0.00
Administrative Exp. 0.94
Total 25.67% $ 378,320
After Amendment
Normal Cost 18.21%
Unf d Act. Accr. Liab. 6.79
FS 112.64(5) Compliance 0.00
Administrative Exp. 0.94
Total 25.94% $ 382,299
Change from Amendment
Normal Cost 0.38%
Unf d Act. Accr. Liab. (0.11)
FS 112.64(5) Compliance 0.00
Administrative Exp. 0.00
Total 0.27% $3,979
__ --- __
__ _ _ _ __
AGENDA ITEM # 7B
AUGUST 27, 2007
CITY OF ATLANTIC BEACH POLICE OFFICERS' RETIREMENT SYSTEM
ACTUARIAL COST ESTIMATE, FEBRUARY 8, 2006
Allocations of Contribution Increase*
Percents of Payroll FY 05/06 Dollars
To Members (weighted average}
To City
0.87% $ 12,822
-0.60% (8,843)
*This is the firstyear only. The allocation of costs to members will change an additiona12.035% ofpayroll by FY 07/08.
The comparable dollar savings to the city will increase to $38,835 by FY 07/08.
Actuarial Present Values (thousands of dollars)
Present Value of Prospective Benefits
Before Amendment
Police
Afte r Ame ndme nt
Police
Retired Members & Beneficiaries $2,389 $2,389
Vested Terminated Members 111 111
Active Members
Service pensions 5,793 5,793
Vested term pensions 133 133
Disability pensions 116 116
Survivor pensions/pre-retirement 125 125
Termination refunds 12 35
Total-Active Members 6,179 6,202
Total APV of Prospective Benefits $8,679 $8,702
Actuarial accrued liability $6,405 $6,371
Unfd actuarial accrued liability $1,871 $1,837
Active member future salaries $12,775 $12,775
Active member fixture conlnbutions $175 $614
CONIlVIDNT: The increase in unfunded actuarial accrued liability was financed as a level percent of payroll
over 30 years.
~c
Br Lee Armstrong, ASA, , EA [OS-5614]
AGENDA ITEM # 7B
AUGUST 27, 2007
SU~ARMAN ~ SUSS~CIN'D
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
Robert A. Sugarmans 2801 Ponce De Leon Boulevard
Howard S. Susskind Suite 750
Kenneth R. Harrison, Sr. Coral Gables, Florida 33134
David E. Robinson (305) 529-2801
D. Marcus Braswell, Jr. Broward 327-2878
Pedro A. Herrero Toll Free 1-800-329-2122
Facsimile (305) 447-8115
•Board Certified Labor
& Employment Lawyer
August 20, 2007
Atlantic Beach Police Officers' Pension Fund
c/o Nelson VanLiere, Director of Finance
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Re: Division of Retirement letter of July 26, 2007 -reference equalization of
employee contributions.
Deaz Nelson:
You have requested that we comment on the above stated letter from the Sate of Florida
Division of Retirement. We have reviewed the stated letter (enclosed) and understand it to be the
division's concurrence with our letter of July 12, 2007, wherein we stated that we had complied
with the division's direction to correct the disparity in employee contributions by adjusting all
employee contributions to the non-collective bargaining group rate.
It is our opinion that the division has accepted our explanation of the matter and will
approve the proposed ordinance amendment as drafted. The division cautions that benefit
increases must accompany future employee contribution increases and employee contributions
rates must be maintained on anon-discriminatory basis.
Therefore it is our opinion that in order to avoid the possibility of additional division
inquiries, the proposed ordinance amendment should be enacted as written without
administrative adjustments. Should you have any other concerns in these maters don't hesitate
to call our office.
Yours truly,
KENNETH R. HARRISON, SR.
Enclosure