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HomeMy WebLinkAbout2010-02-09 NEERB MINUTES' ' • • • NONEMERGENCY EMPLOYEES RETIREMENT BOARD MEETING February 9, 2010 Frank Gryglewicz called the regular meeting of the Englewood NonEmergency Employees Retirement Plan Board to order at 3:30 p.m. in the Public Works Conference Room of the Civic Center, I 000 Englewood Parkway, Englewood, Colorado. Members Present: Members Absent: Others Present: A quorum was present. Seating of Board Member Gary Bowman, Chairperson, Council Appointee Frank Gryglewicz, Director of Finance a nd Adm inistrative Services Bradley Hagan, Secretary, Emp loyee Representative, Council Appointee John Moore, Council Appo intee (by phone) Mahendra Patel , Employee Representative Jim Woodward, Council Member None Colin Weim, Buck Consultants Douglas Fiddler, Buck Consultants Wendy Dominguez, Innovest Po1tfolio Solu t ions Gordon Tewell, Jnnovest Po1tfolio Solutions Dan Brotzman, City Attorney * * * * * The Board congratulated Mr. Hagan on his reelection and Mayor Woodward on his reelection to the City Council. Election of President/Chairperson and Secretary MR. GRYGLEWICZ NOMINATED JOHN MOORE AS PRESIDENT/CHAIRPERSON. Mr. Moore expressed concerns about his ability to be present at the meetings. MOTION WAS AMENDED AND MR. GRYGLEWICZ NOMINATED GARY BOWMAN . MR. MOORE SECONDED Ayes: Nays: Absent: Hagan, Gryglewicz, Moore, Patel , Woodward None None Abstention: Bowman The motion carried . The Board discussed Brandon Williams. Mr. Williams failed to reapply for the NERP Board in a timely manner. Mr. Williams has contacted City Council and will be reappointed to the Board February 16, 20 I 0 . MR. GRYGLEWICZ NOMINATED BRADLEY HAGAN AS SECRETARY. MR. PATEL SECONDED. Ayes: Nays: Absent: Bowman, Gryglewicz, Moore, Patel, Woodward None None Abstention: Hagan The motion carried. Approval of Minutes MR. GRYGLEWlCZ MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 10 , 2009 REGULAR MEETING . MR. PATEL SECONDED. Ayes: Nays: Absent: The motion carried. Bowman, Gryglewicz, Hagan, Patel , Moore, Woodward None None Innovest Portfolio Solutions, LLC Mr. Tewell and Ms. Dominguez presented the Five Year Economics Outlook and Capital Markets Review and the A sset Allocation Study. Discu ssion regardin g changing the allocation to a more aggressive structure ensued . The Board agreed there would be no change to a more aggressive structure at this point. Innovest will provide opportunistic fixed income fund candidates for consideration at the May Board meeting. Mr. Fiddler and Mr. Weim arrived 4:00 p.m. Ms Dominguez reviewed the Board's decision to request the Principal funds be placed in the withdrawal queue. The ' • Principal has contacted Innovest regarding the opportunity to withdraw $250,000 of the total fund assets. The Board • agreed with Innovest's recommendation that it was a small portion of the fund assets and to postpone the withdrawal until a later time. Ms. Dominguez will prepare the paperwork to forego a withdrawal at this time but still remain in the queue for a later withdrawal as the funds become available . Ms Dominguez presented the 2009 fom1h quai1er portfolio review. Mr. Brotzman aiTived 4: 10 p.m. Ms. Dominguez and Mr. Tewell left at 4:25 p.m. Discussion of optional calculations or studies to be included with the 2010 actuarial report The Board discussed current economic conditions and agreed that no optional studies will be included with the January 2010 actuarial report. Consideration of benefit for Joseph Plizga Joseph Plizga was an active participant of the NERP from October 27, 1978 to December 21, 1987 . Mr. Plizga attained age 65 on November 21, 2009. MR. GRYGLEWICZ MOVED TO APPROVE THE MONTHLY 100% JOINT AND SURVIVOR BENEFIT OF $394 .03 FOR JOSEPH PL!ZGA BEGINNING DECEMBER 1, 2009 . MR. HAGAN SECONDED. Ayes: Nays: Absent: Bowman, Gryglewicz, Hagan , Patel, Moore, Woodward None None Non Emerge ncy Emp l oyee Re ti rement Boa rd Mee t i ng 2 of 4 • ' • • • The motion caITied . Consideration of Lump Sum Distribution for the Beneficiaries of Timothy Charlson. Timothy Charlson was an active participant of the NERP from October 10, 1988 to July 9, 1996. Mr. Charlson died on March 6, 2003 and would have attained age 55 on January 25, 2010. Mr. Charlson completed a beneficiary form on July 9 , 1996 requesting Helenann Charlson receive 50% of the benefit and the remainder to be shared with his children, Robin Charlson, Timothy James Charlson and Heath Charlson. Mr. Fiddler stated Buck's position on the named beneficiaries. Discussion regarding issues with the beneficiary form. Mr. Gryglewicz inquired about Buck Consultants' issues with providing the benefit as requested by Mr. Charlson. Mr. Fiddler stated that as they read the Plan document the benefit is payable to the spouse and there is no option to pay part to the spouse and part to the kids. They understand the beneficiary does not object to that form of payment but they don't think it technically meets the terms of the Plan. They have calculated a split benefit, but the technical procedures of how to do that are not provided by the Plan because it does not provide this option as they understand the Plan. Mr. Hagan asked the benefit of having it disbursed this way instead of her giving half to the kids. Mr Fiddler, ifthe benefit is under $100 per month it can be paid in a lump sum. By splitting it the benefit amounts are less than $100 per month and can be paid in a lump sum otherwise it would be paid in a monthly benefit. Discussion ensued about the payout options and benefit variances when paid to the spouse or non-spousal beneficiary. MR. GRYGLEWICZ MOVED TO APPROVE THE LUMP SUM DISTRJBUTION TO HA VE 50% OF THE BENEFIT DUE PAID TO HELENANN CHARLSON CAMPBELL AND 50% PAID TO THE ROBIN, TIMOTHY JAMES AND HEATH CHARLSON PROVIDED HELENANN SIGNS OFF. THE MOTION DIED FOR LACK OF A SECOND. Mr. Moore requested clarification regarding Mr. Fiddler's statement that the Plan does not provide for this option and that the Board would be creating an option based upon the desire of the participant as opposed what the Plan actually provides. Mr. Gryglewicz said it was the desire of the former employee to provide this benefit in this manner and the Plan itself does not necessary allow it and it does not specifically disallow it. Mr. Brotzman said the Plan did not prohibit this and is simply unclear. Discussion regarding the Plan administrators' flexibility in interpreting the Plan. Mr. Moore's concerns are ifthe Board allows an invalid option there might be claims later against the Plan for the remainder of that benefit. He deferred to Mr. Brotzman regarding the that it is not prohibited by the Plan and remains within the administrator's right to exercise discretion in clarification of the Plan as opposed to pure discretion. Mr. Brotzman thinks is an accurate statement and even though the document does not require the spouse waiving the right to the benefit he would be more comfortable if the spouse signed a waiver and understands the process. In a practical sense it makes a future claim less likely. Discussion followed indicating ifthe spouse is agreeable to the distribution and allowing the spouse an opportunity to sign a waiver and provide her additional information. Mr. Moore asked Mr. Fiddler ifthe part of the concern is not only that the Board would not be following the Plan but the Plan would be paying out less in total value than if paying out to the spouse alone and Mr. Fiddler said that is part of the concern. Mr. Fiddler reviewed the benefit payout amounts as outlined in the letter. Mr. Moore stated that he was glad that Buck raised concerns because he doesn't believe that the Plan, no matter what the participant requests, he doesn't think the participant, the beneficiary in this case, should be allowed to forfeit value. He doesn't know if there is an alternate way they could accommodate the participants request but that seems to high I ight the problem of we are basically allowing the spouse to walk away from a value which generally raises the flag that the participant doesn 't fully understand the issues even if they sign a waiver. .. That brings Mr. Moore to suggesting the Plan N onEmerge ncy Employee Re tire ment Board Meetin g 3 o f 4 clearly does not provide for this division of benefits and brings him back to the whole benefit should be going to the Ms. Charlson. Mr. Brotzman stated that she could then distribute it to the children. Mr. Gryglewicz said Ms. Charlson would need to do that monthly because she would not be paid a lump sum. Mr. Brotzman concurred. • Mr. Moore stated we can't let the pa1ticipant's desire to grant a lump sum be an adequate reason for accepting these decisions because they don't make actuarial sense . Access to that that lump sum is not an excuse to in effect allow the spo use to forfeit a portion of the benefit to which she is entitled. Mr. Fiddler reviewed the cu1Tent rates used to pay lump sum benefits and if a benefit is paid in a lump sum that shou ld not be, there is an actuarial Joss to the Plan. Mr. Moore sa id that from an administrative deci s ion that cannot bias the Board's thinking. He further stated that the issue here was what option did the Plan provide to the participant and those and only those are what can be considered. Mr. Moore stated this is a very complicated issue and he is jumping into it based so lely on this discussion and doesn't mean to jump quickly to conclusions when he has not inve sted the time and just latching onto some of the concerns that have been raised and this time they are just not sitting quite right. MR . GRYGLEWICZ MOVED TO APPROVE THE I 0 YEAR CERTAIN AND LIFETIME MONTHLY BENEFIT OF $158.36 TO HELENANN CHARLSON CAMPBELL BEGINNING FEBRUARY I, 2010. MR. MOORE SECONDED . Mr. Moore requested comments from Mr. Brotzman regarding his comf01t with the motion. Mr. Brotzman said this is the comfortable one, but may not give the desired result, but it is the most comfortable under the Plan. Mr. Charlson, was trying to give it to his kids and his spouse was in full agreement with that, but comfort wise under the Plan this is the best choice. Ayes: Nays: Bowman, Gryglewicz, Hagan, Patel, Moore, Woodward None Absent: None The motion ca1Tied. Mr. Brotzman left 4:45 p.m. Review of2009 attendance The Board reviewed the 2009 attendance report. Member Choice The next regular Board meeting is scheduled for May 11, 20 I 0. MR. GRYGLEWICZ MOVED TO ADJOURN. MR. HAGAN SECONDED. Ayes: Bowman, Gryglewicz, Hagan, Pat e l, Moore, Woodward Nays: None Absent: None The motion carried. The Board adjourned at 4:50 p.m. Carol Wescoat Recording Secretary 4 of 4 Non Emerge ncy Empl oye e Retire ment Bo ard Mee tin g • • \