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HomeMy WebLinkAbout1993-06-29 - Agendas - Final• • • AGENDA AGENDA FIREMEN'S PENSION AND RELIEF BOARD June 29, 1993 10:00 a.m. City Hall Room 326 1. Approval of the minutes of the June 3, 1993 meeting 2. Approval of the Pension List for July, 1993 3. Old Business A. Report from City Attorney of new Legislation B. Other 4. New Business A. Roxbury Investment Report B. Other 5. Adjournment r FAYETTEVI LLE 1 CITY OF FAYETTEVILLE, ARKANSAS SHERRY L. THOMAS, CITY CLERK • • TO: Fire Pension Board FROM: Sherry L. Thomas, City Clerk DATE: June 23, 1993 SUBJECT: Next Meeting The meeting of the Fire Pension Board has been rescheduled for Tuesday, June 29, 1993 at 10:00 a.m. in Room 326 of City Hall. A representative from Roxbury will be at the meeting to discuss their investment performance, etc. At the last meeting, copies of the newly enacted legislation was given to Jerry Rose for his reviewal. Attached is a copy of a memo from him explaining the changes as a result of the new acts. Also, attached is a copy of the minutes of the June 3, 1993 meeting. Attachments List: Richard Baird Ron Wood Pete Reagan Darrell Judy Marion Doss Mayor Fred Hanna City Attorney Jerry Rose City Treasurer Glyndon Bunton Ben Mayes 113 WEST MOUNTAIN 72701 501 575-8323 • • • MINUTES OF A MEETING OF THE FIRE PENSION BOARD A meeting of the Fayetteville Firemen's Pension and Relief Board was held on Thursday, June 3, 1993, at 11:00 a.m. in Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Marion Doss, Pete Reagan, Ron Wood, Retiree Darrell Judy, Mayor Fred Hanna, City Clerk Sherry Thomas, City Treasurer Glyndon Bunton, and Martha Lindsay, City Finance Department. ABSENT: Retiree Richard Baird CALL TO ORDER Mayor Hanna called the meeting to order. MINUTES Reagan, seconded by Doss, made a motion to approve the minutes of the April 29, 1993 meeting. Reagan stated the question about paying the widows of the volunteer firemen the full benefits their spouses were receiving came up when Jim McCord was the City Attorney. He advised the Board that when the pension fund started paying full benefits to one widow, the fund would be required to pay full benefits to all of the remaining beneficiaries. Thomas stated she had located where Mrs. Jess Tune had been awarded the full benefits her husband was receiving in December, 1986. The vote to approve the minutes was unanimous. PENSION LIST Reagan, seconded by Doss, made a motion to approve the pension list as submitted. The motion passed by a unanimous vote. INVESTMENT REPORT Curtis Williams with Merrill Lynch distributed a portfolio performance report to the board members. He stated Roxbury is continuing to underperform the markets and the other money managers. The pension fund has been with Roxbury for four years. Williams suggested that the Pension Board may want to ask a Roxbury representative to come and explain what is happening with the account. Reagan stated he feels that would be very appropriate. Williams stated the Pension Board has several options available. The main question is at what point to change managers. As he has • • • June 3, 1993 always said, you don't change managers based on a short term performance. However, after 4 years, which is a pretty fair amount of time, Roxbury is still performing below what Merrill Lynch expected. Doss stated he would want either Williams or Richard Yada present at the meeting that Roxbury attends. Reagan stated he feels the Pension Board should hold a special meeting after they hear from Roxbury. Lindsay asked if Williams was proposing transferring to one of the other managers the fund currently uses. Williams stated that would be one option. He felt the fund could probably lower the management fee some by putting in another $800,000 into an existing account. Or, another option would be to bring in another manager with the same philosophy as Roxbury. Still another option would be to get a manager with a totally different management philosophy. Williams stated Roxbury was more active than New Mexico Capital. Bunton asked if they had more short term investments. Williams stated they really didn't, they must have more changes overall. Williams stated for the short terms, Merrill Lynch is expecting interest rates to go a little higher; however, they do not anticipate rates to go much higher in the long term. They do not intend to take capital gains in the bond markets at this time. He expects the maturity dates to range in the 7-10-12 year range. If interest rates were to go up to 8-8 1/2%, they would move maturity dates to longer terms to take advantage of the interest rates. The inflation rate is at 5%, and the long term bond market is at 7%. Williams stated the funds will continue to invest in CMO's, preferred stocks, etc., and try and maintain the portfolio earning about 8%. GARY SPRINGSTON TERMINATION Doss stated he had received a letter of resignation from Gary Springston effective June 20, 1993. Springston stated dissatisfaction with his career as the reason for his resignation. He is requesting his contribution to the pension fund be returned to him. He is not requesting a disability retirement. Reagan asked if his contribution would be returned without interest. Williams stated the law stated he will get a lump sum distribution of his contributions without interest. • • • June 3, 1993 Reagan stated there was no action required by this Board because Springston automatically has the right to get his contributions returned. Mayor Hanna asked what would happen if he did request interest on his money. Reagan stated there is a state statute that says he is not entitled to any interest. Williams stated there is a new federal law that applies punitive punishment to people who take direct distribution of their pensions. Springston may want to roll his money over to another custodian. Williams suggested getting Springston to call him so he could inform him of the available options. NEWLY PASSED LAWS Reagan handed out copies of Act 1197, 1004, 1203, 1202, and 999 to the Board for their review. Mayor Hanna suggested giving copies to City Attorney Jerry Rose and ask him to review them and report back at the next meeting. Reagan, seconded by Bunton, made a motion to get the acts to the City Attorney and request a report at the next meeting. The motion passed unanimously. RICHARD BAIRD Reagan stated Richard Baird was reelected for a two year term, but as a result of illness, he will be unable to attend the pension meetings for quite some time. Doss stated if he elects not to return, the retirees will need to hold a special election for a replacement. He does not want Baird to feel he is being pushed out of the Pension Board. Judy stated he would get with Baird and ask him what he wants to do. ADJOURNMENT The meeting adjourned at 11:36 a.m. A- FIREIEN'S RELIEF AND PENSION FUND • 993 , TREASURER THE FOLLOMING ARE THE OBLIGATIONS OF THE FIREMEN'S RELIEF FUND FOR THE MONTH OF JURE 1993. YOU ARE HEREBY INSTRUCTED TO ISSUE CHECKS TO THE PAYEES, IN THE AMOUNTS SION, AND FOR THE PURPOSE SO STATED. • • EMPB NAME GROSS FED. TAX ST. TAX NET 43 BAIRD, RICHARD H. 1 BARNES, ELIZABETH 2 BLACKARD, PAUL 3 BOLAIN, LEONARD 44 BOUDREY, BETTY MRS. 45 BOUDREY, HOWARD 49 BOUDREY, JACK 4 CARL, FLOYD JR 5 CASELMAN, ARTHUR 57 CATE, ROY 6 CHRISTIE, ARNOLD 45.00 7 COLE, EVERETT 375.00 32.50 8 COUNTS, MAYNE 55 00 61 DAVIS, BEULAH F. 377.50 10 DEARING, EMIA HRS. 50.00 11 FARRAR, ALONZO 707.84 38 FRAWLEY, JOSEPH G. 953 38 100.00 33 HARRIS, BILL C. 55.00 34 HARRIS, JAMES E. 55 00 47 JUDY, DARRELL 837.68 37 KING, ARNOLD D. 828.42 100.00 54 KING, ARVIL 113 130.00 12 LAZE, HOPE MRS 45 13 LAYER, MERLIN 417.50 14 LEE, HAROLD 55.00 51 LEWIS, CHARLES 837 68 60 LEWIS, MARVIE 439.16 55 LEMIS, ROGER 439.17 40 LOGUE, PAUL D. 1469.38 175.00 50 MASON, LARRY 829.35 29.35 39 MC ARTHUR, RONALD A. 891.62 100.00 35 MMC CHRISTIAN, DWAYME 55 DO 30.00 15 MC MIORTER, CHARLES 885 14 50.00 29 MILLER, DONALD 863.01 125.00 42 MOORE, JAMES H. 55_00 17 MORRIS, WILKIE HRS. 16 MORRIS, MILLIAN H. 62 NORRISON, ELIEME 48 MULLENS, DENNIS N. 58 OSBURW, EDWARD 46 OSBUHJ, TROY 53 POAGE, LARRY 20 POLLY, GRACE A. MRS. 21 POORE, CARMEN MRS. 22 REED, JOE 30 SCHAOER, EARVEL 41 SCHADER, TROY 23 SKELTON, BURL L. 916.200 100.00 816.20 C5S00 45.00 - 55.00 55 00 55.00 1266.21 66.21 1200.00 1066.66 1066.66 837. 287 68 50.00 500.00 45. 45.00 75.00 75.00 909.50 45.00 342.50 55 00 377.50 50.00 707.84 10.00 843.38 55.00 55.00 837.68 10.00 718.42 1001.00 45.00 417.50 55.00 837.68 439.16 439.17 20.00 1274.38 800.00 791.62 25.00 835.14 738.01 55.00 45.00 60.00 70.00 1114.11 160.00 1124.63 65.81 900.00 200.00 30.00 971.98 45.00 00 350.00 55 00 55 00 915.78 915.78 783.74 20.00 763.74 692.50 42.50 650.00 909.19._ .00 70.00 1114.11 1284.63 965.81 1201.98 • 24 SKELTON, LEE 56 SKELTON, ROY 36 SPRINCSTON, CARL 25 STOUT, ORVILLE 27 TUNE, MILDRED MRS. 26 TUE, JESS 28 MATTS, DONALD 59 MATTS, MAYNE 52 NRIDNT, RANDALL 390,00 1626.02 609.88 590.36 70.00 70.00 400.00 921.17 877.68 126.02 50.00 50.00 96.17 150.00 390.00 1450.00 609.88 540.36 70.00 70.00 400.00 825.00 727.68 931,162.74 42,236.24 $170.00 $28,756.50 22 IE, THE LMERSIQED, DO SOLEMNLY SMEAR THAT THE ABOVE OBLIGATIONS ARE JUST AND CORRECT; THAT NO PART THEREOF HAS BEEN PREVIOUSLY PAID; THAT THE PENSION PAYMENTS SO CHARGED ARE IN ACCORDANCE NITH THE ACTIONS OF THE BOARD OF TRUSTEES OF THE FIREMEN'S RELIEF AND PENSION FUO; THAT THE SERVICES OR SUPPLIES FURNISHED. AS THE CASE MAY BE, MERE ACTUALLY RENDERED OR FURNISHED; AND THAT THE CHARGES MADE THEREFORE DO NOT EXCEED THE AMOUNT ALLOMED BY LAN OR THE CUSTOMARY CHARGE FOR SIMILAR SERVICES OR SUPPLIES. •TARP • 4414410 #17444 v/ CH RMAN AND PRESIDENT ACKNA7LLEDGEMENT STATE OF ARKANSAS 1 COUNTY OF NASHINGTON ) )SS SHORN TO AND SUBSCRIBED BEFORE ME THIS (AL DAY OF , 1993. HY COMMISSION EXPIRES: / D 'O -o?OD NOTARY PUBLIC Stats o[ Arkansas 2 79tp General Assembly 3 Regular Session, 1993 4 By: Representative Wallems As Engrossed: 3/17/93 3/19/93 3/30/93 ACT's 19 71993 A Bill HOUSE BILL 1202 5 6 7 For An Act To Be Entitled g "AN ACT TO AMEND TITLE 24, CHAPTER 11, SUBCHAPTER 4 AND 9 SUBCHAF2EE 8 OF THE ARKANSAS CODE OF 1987 TO PROVIDE A 10 MINIMUM MONTHLY RETIREMENT BENEFIT FOR RETIRED POLICEMEN 11 AND FIREMENAMD THEIR SURVIVING SPOUSES; AND FOR OTHER 12 PURPOSES." 13 14 Subtitle 15 "PROVIDE A MINIMUB MONTHLY RETIREMENT BENEFIT FOR RETIRED 16 POLICEMEN 4219 FIREMEN AND THEIR SURVIVING SPOUSES." 17 18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 20 SECTION 1. Arkansas Code 24-11-424 is hereby amended to read as • 21 follows: 22 "f 24-11-424. Benefits - Retirant receiving less than one-half salary. 23 Retired police officers who are eligible to receive benefits from a 24 policemen's pension and relief fund shall receive from the policemen's pension 25 and relief fund a minimum monthly benefit of no less than three hundred fifty 26 dollars ($350)." 27 28 SECTION 2. Arkansas Code 24-11-425(a) is hereby amended to read as 29 follows: 30 "(a) If any active police officer or any retired member dies from any 31 cause, leaving a surviving spouse, or child under the age of eighteen (18) 32 years, then the board of trustees shall direct a monthly pension during the 3 surviving spouse's life in an amount equal to the pension attached to the rank of the deceased police officer at the time of his death, but in no event shal 35 the benefit of the surviving spouse be less than three hundred fifty dollars" 36 ($350) per month." rrs067 CDC AVr0 ,IR :• • As Engrossed: 3/17/93 3119/93 3/30/93 118 1202 1 SECTION 3. Arkansas Code Annotated 24-11-818(c) is amended to read as 2 follows: 3 "(c) Any full -paid fire fighter who is already retired shall not 4 receive less than three hundred fifty dollars ($350) per month." 5 6 SECTION 4. Arkansas Code Annotated 24-11-820(a)(2) is amended to read 7 as follows: 8 "(2) In the case of full -paid fire fighters classification, a monthly 9 pension shall be paid for life to the spouse in the amount of the pension 10 received by the retired fire fighter at the time of his death, or the amount 11 of the pension to which the member would have been entitled on the day he 12 died, had he been retired, but in no event shall the benefit of the spouse be 13 less than three hundred fifty dollars ($350) per month, regardless of whether 14 the spouse has already been receiving pension payments and regardless of 15 whether the fire fighter was on active duty or retired." 16 17 SECTION 5. Subsection (a) of Arkansas Code 124-11-807 is hereby amended 18 to read as follows: 19 "(a)(1) For volunteer fire fighters, in no case shall the payment to 20 any retired member be less than fifty dollars ($50.00) per month, and the 21 payment shall be made in accordance with the justice and equity of each case 22 as determined by the board of trustees of the firemen's relief and pension 23 fund. The benefits provided for in this subdivision shall only be paid 24 provided the retirement funds are actuarially sound after the increase as 25 determined by the actuary for the Arkansas Fire and Police Pension Review 26 Board. 27 (2) In no case shall the payment to any retired member be less than 28 thirty dollars ($30.00) per month, and the payment shall be made in accordance 29 with the justice and equity of each case as determined by the board of 30 trustees of the firemen's relief and pension fund." 31 32 SECTION 6. The increased benefits provided for under .he provisions of 33 this act shall only be paid provided the retirement funds are actuarially 34 sound after the increase as determined by the actuary for the Arkansas Fire 35 and Police Pension Review Board. 1 36 rrs067 • • • • • • Ar Engrossed: 3/17/93 3/19/93 3130/93 HB 1202 1 SECTION 7. Ail provisions of this act of a general and permanent nature • are amendatory to the Arkansas Code of 1987 Annotated and the Arkansas Code 3 Revision Commission shall incorporate the same in the Code. 4 SECTION 8. If any provision of this act or the application thereof to 6 any person or circumstance is held invalid, such invalidityshall not affect 7 other provisions or applications of the act which can be given effect without 8 the invalid provision or application, and to this end the provisions of this 9 act are declared to be severable. 10 11 . SECTION 9 All laws and parts of laws in conflict with this act are 12 hereby repealed. 13 14 I5 16 L7 18 L9 21 2 • /s/Frank Willems • APPROVED 7 67V covEnNoR .r 3 rrs067 • • • 1 State of Arkansas 2 79th General Assembly 3 Regular Session, 1993 4 By. Representative Mclunkin 5 6 7 • As Engrossed: 3/9/93 ACT 9 9 91993 A Bill For An Act To Be Entitled • HOUSE BILL 1294 8 "AN ACT TO AMEND ARKANSAS CODE 524-11-207 TO ALLOW LOCAL 9 POLICE AND FIRE PENSION FUNDS IN THEIR ANNUAL ACCOUNTANT'S 10 REPORT TO INCLUDE EIGHTY PERCENT (802) OF ANY GAINS AND 11 LOSSES OF AN ASSET'S YEAR-END FAIR MARKET VALUE IN THE 12 PLAN'S REVENUES AND IN THE PLAN'S RESERVE ASSETS; AND FOR 13 OTHER PURPOSES." 14 15 Subtitle 16 "AN ACT TO ALLOW LOCAL POLICE AND FIRE PENSION FUNDS TO 17 INCLUDE 80Z OF ANY GAINS AND LOSSES IN STOCK VALUE IN 1.11 18 THEIR ACCOUNTANT'S ANNUAL REPORT." 19 20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: • • 21 22 SECTION 1. Arkansas Code 5 24-11-207 is hereby amended to read as 23 follows: 24 25 "24-11-207. Annual accountant's report. (a)(1) The board of trustees of each plan shall annually cause an 26 accountant's report to be prepared covering each plan fiscal year. 27 (2) The accountant's report shall be prepared by an accountant; however, in the case of a fund with less than twenty-five thousand dollars 9 ($25,000) in total assets, the board of trustees may authorize the city clerk 30 or, in the case of a fire improvement district, the secretary -treasurer of the 31 board of commissioners to prepare the report, but only if the fund's accounts have been kept in accordance with bookkeeping procedures established by the office of the Arkansas Fire and Police Pension Review Board. (b) Each accountant's report shall include at least the following: 35 (1) The plan's revenues and expenditures during the year. (A) The revenues exhibit shall show at least the annual mak170 • • • • • • • • As Engramed: 319193 HB 1294 1 total for each of the following items: 2 (i) Employee contributions; 3 (ii) Employer contributions, from state; 4 (iii) Employer contributions, other; 5 (iv) Investment income: 6 (a) Interest and dividends; 7 (b) Gain or loss on sales; 8 (c) Other (specify); 9 (d) Total of (i) + (ii) + (iii); 10 (v) Unrealized gain or loss from previous year on 11 corporate common or preferred stock, if using the option to include eighty 12 percent (802) of year end market value; 13 (vi) ,Other (specify); 14 (vii) Total of (i) through (vi). 15 (B) The expenditures exhibit shall show at least the annual 16 total for each of the following items: 17 (i) Refunds of employee contributions; 18 19 20 21 (ii) Benefits paid; (iii) Administrative expenses; (iv) Other (specify); (v) Total of (i) through (iv). 22 (C) The difference between revenues and expenditures is the 23 change in plan reserve assets for the year; 24 (2) The plan reserve assets. The reserve assets exhibit at year - 25 end shall show at least the total for each of the following items: 26 (A) Cash and bank checking accounts, noninterest -earning; 27 (B) Bank deposits, interest-earning; 28 (C) Savings and loan deposits, interest-earning; 29 (D) Other cash equivalents, maturing one (1) year or leas; 30 (E) USA government securities; 31 (F) Non -USA government securities; 32 (G) Mortgages; 33 (H) Corporate bonds; 34 (I) Corporate common and preferred stock; 35 (J) Other (specify); 36 (K) Total of (A) through (J). 2 • • mak170 • • • 1 As Engrossed: 3/9/93 HB 1294 1 The asset values shall be cost values or amortized coat values. If 2 corporate common or preferred stock is held, there shall also be shown 3 separately the year-end market value of the stock. The value of the total 4 corporate common or preferred stock may be shown in the plan reserve asset 5 exhibit, subdivision (b)(2)(I) of this section, at either the cost value or 6 eighty percent (SOt) of the year end market value, whichever is greater; 7 (3) The accumulated employee contributions at year-end of all 8 nonretired covered employees; 9 (4) A comparison between the actual employer contributions 10 received for the year and the actuary's computed contributions for the year, 11 including the following items: 12 (A) Total employer contributions, in dollars; 13 (B) Covered employee payroll, in dollars; 14 (C) Actual employer contribution expressed in percentage 15 or, in the case of volunteer fire department pension plans, expressed in 16 dollar amounts, (A)/(B); 17 (D) Actuary's computed contribution exp d in 18 percentage, from most recent biennial reports, or, in the case of volunteer 19 fire department pension plans, expressed in dollar amounts, for the biennium; 20 (5) For a plan covering both volunteer firemen and full -paid 21 firemen, the following items specified in this section, which shall be 22 prepared separately for each of the two (2) groups: 23 (A) Subdivision (1)(A)(i) of this subsection, 24 (B) Subdivisions (1)(B)(i) and (ii) of this subsection; 25 (C) Subdivision (3) of this subsection; and 26 (D) Subdivision (4) of this subsection; 27 (6) Investment results for the year. The investment results 28 exhibit shall show at least the following results: 29 (A) Ordinary income from all plan reserve assets, except 30 common stock, expressed as an annual percentage. The numerator for this 31 calculation shall be all interest dollars received for the year, and the 32 denominator shall be the average cost value of all plan reserve assets, except 33 common stock, held during the year; 34 (B) Total return from all plan reserve assets, except 35 common stock, expressed as an annual percentage. The numerator for this 36 calculation shall be the numerator for (A) plus (or minus) the net of all 3 mak170 a a ri 4 • • • • • • • • • • As Engrossed: 3/9/93 HB 1294 • I realized gains and losses on sales of the assets during the year, and the 2 denominator shall be the same as for (A); 3 (C) Ordinary income from common stock assets, expressed as 4 an annual percentage. The numerator for this calculation shall be all dividend 5 dollars received for the year, and the denominator shall be the average market 6 value of all common stock held during the year; 7 (D) Total return from common stock assets, expressed as as 8 annual percentage. The numerator for this calculation shall be the numerator 9 for (C) plus (or minus) the net of all market value changes in common stock 10 during the year, realized and unrealized, and the denominator shall be the 11 same as for (C); 12 (E) Ordinary income from all plan reserve assets, expressed 13 as an annual percentage. The numerator for this calculation shall be the total 14 of the numerators in (A) and (C), and the denominator shall be the total of 15 the denominators in (A) and (C); 16 (F) Total return from all plan reserve assets, expressed as 17 an annual percentage. The numerator for this calculation shall be the total of 18 the numerators in (B) and (D), and the denominator shall be the total of the 19 denominators in (B) and (D). 20 (c) The accountant shall certify that, in his opinion, the information 21 contained in his report is an accurate statement of these activities in 22 accordance with the provisions of this subchapter." t• 23 • 24 SECTION 2. All provisions of this act of general and permanent nature 25 are amendatory to the Arkansas Code of 1987 Annotated and the Arkansas Code 26 Revision Commission shall incorporate the same in the Code. 27 28 SECTION 3. If any provisions of this act or the application thereof to 29 any person or circumstance is held invalid, the invalidity shall not affect 30 other provisions or applications of the act which can be given effect without 31 the invalid provisions or application, and to this end the provisions of this 32 act are declared to be severable. 33 34 SECTION 4. All laws and parts of laws in conflict with this act are 35 hereby repealed. 36 4 mak170 • • As Engrossed: 3/9/93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 • • /a/L. McJunkin APPR • a. C '. ❑ l • HB 1294 24 25 26 27 28 29 30 31 32 33 34 35 36 5 U) mak170 • • 1 State of Arkansas 3 4 t 6 79th General Assembly Regular Session, 1993 Hy Representative McGinnis ACT '12 0 21993 A Bill For An Act To Be Entitled HOUSE BILI; 1569 8 "AN ACT TO AMEND ARKANSAS CODE f 24-10-610 TO INCREASE THE 9 AMOUNT OF THE LIMITATION ON DEATH AND DISABILITY ANNUITIES 10 UNDER THE LOCAL POLICE AND FIRE RETIREMENT SYSTEM FROM 11 NINETY PERCENT (90Z) TO ONE HUNDRED PERCENT (1002) OF THE 12 FINAL AVERAGE SALARY; AND FOR OTHER PURPOSES." 13 14 Subtitle 15 "AN ACT TO INCREASE THE AMOUNT OF THE LIMIT ON DEATH AND 16 DISABILITY ANNUITIES UNDER THE LOCAL POLICE AND FIRE 17 RETIREMENT SYSTEM." IS 19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: _0 =1 SECTION 1. Arkansas Code s 24-10-610 is hereby amended to read as follows: I; "24-10-610. Limitations on death and disability annuities. 24 (a) If a death annuity is payable on behalf of a member who dies in x employer service before retirement, or for the portion_of a disability annuity 26 payable before a disability retirant's attainment of his normal retirement . age, in no event shall the total amount of the system annuities based on paid 9 service exceed one hundred percent (100Z) of the amount of his final average 9 pay at the time of death or disability, as the case may be, less the total of 30 the following amounts: 31 (1) Workers' compensation, if any, on account of the death or disability; _3 (2) Benefits, if any, from social security on account of the -1 death or disability; (3)(A) If the recipient is a retirant, the remuneration, if any, 36 received by the retirant for personal services rendered by him in any gainful • NB 1 occupation. 2 (B) If the recipient is a beneficiary, the portion of the 3 remuneration, if any, received by the beneficiary for personal services 4 rendered by him in any gainful occupation which is more than the amount of the 5 remuneration being received by the person at the time of the member's 6 termination from covered employment. 7 (b)(1) Beginning with the January 1 which is at least twelve (12) full 8 months after the effective date of an annuity, an amount of final average pay 9 usable for the purposes of this section shall be redetermined each January 1, 10 and the redetermined amount shall be applicable for the ensuing year. 11 (2) The redetermined amount shall be the amount of final average 12 pay at the time of termination of covered employment increased by any 13 percentage increase in the inflation index for the period from the October 14 immediately preceding the effective data of the benefit to the October 15 immediately preceding the January 1." 16 17 SECTION 2. All provisions of this act of general and permanent nature 18 are amendatory to the Arkansas Code of 1987 Annotated and the Arkansas Code 19 Revision Commission. shall incorporate the same in the Code. 21 SECTION 3. If any provisions of this act or the application thereof to 22 any person or circumstance is held invalid, the invalidity shall not affect 23 other provisions or applications of the act which can be given effect without 24 the invalid provisions or application, and to this end the provisions of this 25 act are declared to be severable. 26 _7 28 hereby 29 30 =1 SECTION 4. All laws and parts of laws 70,:i71:00109 h thi r t are repealed. 1 APPRO 1 (12., GOOK /l19/ 2 11340 F • • As Engrossed: 3/4/93 3/9/93 1 State of Arkansas AGT 10Bill 1993 2 79th General Assembly A 3 Regular Session, 1993 4 By. Representatives Mullenix, Blair, Hendrix, and Pollan • HOUSE BILL 1624 5 6 7 For An Act To Be Entitled g "AN ACT TO ESTABLISH THE ARKANSAS FIRE FIGHTERS DEFERRED 9 RETIREMENT OPTION PLAN; AND FOR OTHER PURPOSES." 10 11 Subtitle 12 "AN ACT TO ESTABLISH THE ARKANSAS FIRE FIGHTERS DEFERRED 13 RETIREMENT OPTION PLAN." 14 15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 16 17 SECTION 1. Deferred retirement option plan. " 18 (a) In lieu of terminating.employment and accepting a service 19 retirement pension pursuant to Arkansas Coda SS 24-11-801 et seq , any full '� paid fire fighter who is a member of a firemen's pension and relief fund who 21 has not less than twenty (20) years of credited service and who is eligible to 22 receive a service retirement pension may elect to participate in the Arkansas 23 Fire Fighters Deferred Retirement Option Plan and defer the receipts of 24 benefits in accordance with the provisions of this act, provided the local 25 fireman's pension and relief fund board of trustees approves the participation 26 in the plan. 27 (b) For purposes of this act, credited service shall include service 28 credit recognized pursuant to Arkansas Code SS 24-11-801 et seq. (c) The duration of participation in the Arkansas Fire Fighters 30 Deferred Retirement Option Plan for active full paid fire fighters shall not 31 exceed five (5) years. At the conclusion of a member's participation in th `G r 32 Arkansas Fire Fighters Deferred Retirement Option Plan, the member shall Z▪ t▪ ' I terminate eeployment with all participating municipalities as a fire fighter and shall start receiving the member'slaccrued monthly retirement benefit f • 35 the firemen's pension and relief fund. Z 6 (d) When a member begins participation in the Arkansas Fire Fighters mak263 • • • •.. • • • As Engrossed: 3/4/93 3/9/93 HB 1624 1 Deferred Retirement Option Plan, the contribution of the fire fighter and the 2 employer contribution shall continue to be paid. Municipal matching 3 contributions for employees who elect the Arkansas Fire Fighters Deferred 4 Retirement Option Plan shall be credited equally to the firemen's pension and 5 relief fund and to the Arkansas Fire Fighters Deferred Retirement Plan. The 6 monthly retirement benefits that would have been payable had the member 7 elected to cease employment and receive a service retirement shall be paid 8 into the Arkansas Fire Fighters Deferred Retirement Option Plan Account. 9 (e)(1) The member's monthly retirement benefit shall not change, unless 10 the plan receives a benefit increase. 11 (2) A member who participates in this plan shall earn interest at 12 a rate of two (2) percentage points below the rate of return of the investment 13 portfolio of the firemen's pension and relief fund, but no less than the 14 actuarial assumed interest rate as certified by the actuary. The interest 15 shall be credited to the individual account balance of the member on an annual 16 basis. 17 (f) A participant in the plan shall receive at the option_af—the 18 participant, a lump sum payment from the.account equal to the payments to the 19 account, or a true annuity based upon the account of the participant or may 20 elect any other method of payment if approved by the board of trustees. 21 (g) If the participant dies during the period of participation in the r plan, a lump sum payment equal to the account balance of the participant shall 23 be paid. • 24 25 SECTION 2. All provisions of this act of general and permanent nature 26 are amendatory to the Arkansas Coda of 1987 Annotated and the Arkansas Code 17 Revision Commission shall incorporate the same in the Code. 28 29 SECTION 3. If any provisions of this act or the application thereof 30 any person or circumstance is held invalid, the invalidity shall not affect ,31 other provisions or applications of the act which can be given effect wit•'1� \ F. 32 the invalid provisions or application, and to this end the provisions of this p to 1 0 33 act are declared to be severable. ' o d 1 35 SECTION 4. All laws and parts of laws in conflict with this act are I`n 36 hereby repealed. 2 mak263 INED • 0 State of Arkansas • l9th General Assembly 3 Regular Session, 1993 4 By: Representative McGinnis s 6 • ACT 120 31993 A Bill HOUSE BILI 1570 For An Act To Be Entitled 8 "All ACT TO AMID ARKANSAS CODE s 24-10-301(d) TO ELIMINATE 9 THE REQUIREMENT OF A PREEllPLOYHENT PHYSICAL PRIOR TO BEING 10 COVERED UNDER THE LOCAL POLICE AND FIRE RETIREMENT SYSTEM; 11 AND FOR OTHER PURPOSES." L: 13 Subtitle 14 "AN ACT TO ELIMINATE THE REQUIREMENT OF A PREEMPLOYMENT 15 PHYSICAL PRIOR TO BEING COVERED UNDER THE LOCAL POLICE AND 16 FIRE RETIREMENT SYSTEM." 17 18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 33 SECTION 1. Subsection (d) of Arkansas Code s 24-10-301 is hereby 21 amended to read as follows: "(d3(1) When covering a person first employed in paid service as a fire 13 fighter or police officer on or after July 1, 1985, the employer shall require 24 an employment physical examination of the employee, under criteria established 25 by the Arkansas Local Police and Fire Retirement System Board. 26 (2) The employer shall submit a copy of the examination to the system within thirty (30) days of the date of hire." 5 SECTION 2. All provisions of this act of general and permanent nature 30 ars amendatory to the Arkansas Code of 1987 Annotated and the Arkansas Code 31 Revision Commission shall incorporate the same in the Code. • Jab ..• 34 36 O SECTION 3. If any provisions of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this 4339 ( • • i • W. • • • • 1 act ars declared to be tamable. 2 3 SECTION 4. All lava and parts of laws 4 hereby rspealsd. 5 6 7 8 9 10 11 12 13 14 15 16 17 ,• 18 19 20 21 23 24 25 26 lis 29 30 31 • • • in conflict with this act ars f Pwr f i • • -531ARKANSAS FIRE & POLICEni QWafikEVIEW BOARD 1� !, J P.C. DRAWER 34164 LITTLE ROCK. ARKANSAS 72203 June 21, 1993 r�n1 �F DE -91. TELEPHONE (501) 324.9495 1 ,V� FAX: (501) 324-9497 TO: A11 Boards of Trustees of Police and Paid Fire Pension Plans FROM: Arkansas Fire and Police Pension Review Board SUBJECT: Rules Regarding the Administration of the Deferred Retirement Option Plan (DROP) NOTICE OF PUBLIC HEARING Pursuant to Arkansas Code Annotated 24-11-203 et seq. and 25-15-201 et seq., NOTICE is hereby given that a Public Hearing will be held on July 14, 1993 at 9:30 a.m. in Suite 940 of the Union National Bank Building in Little Rock. 1. The Public Hearing will be held to determine whether the Pension Review Board should adopt proposed rule *10 pertaining to administration of the Deferred Retirement Option Plan (DROP) as found in Acts 757 and 1004 of 1993. 2. All interested persons are encouraged to attend the Public Hearing, and may appear and present, orally or in writing, statements, arguments or opinions on the proposed rule. 3. Persons wishing to testify should notify Cathyrn Hinshaw at 324-9495 as soon as possible and are requested to submit intended statements in writing. r ARKANSAS FIRE AND POLICE PENSION REVIEW BOARD PROPOSED BOARD RULE # 10 This Board Rule is promulgated by the Arkansas Fire and Police Pension Review Board by the authority of Arkansas Code Annotated §24-11-203. This Board Rule will be effective on August 13, 1993. This Board Rule is not intended to conflict with any part of A.C.A. §24-11-101 et. seq. The purpose of this Board Rule is to describe the administration of the Deferred Retirement Option Plan (DROP). Q.1. What is the DROP program, A.1. In 1993, the Arkansas Legislature passed two laws which establish a "Deferred Retirement Option Program" (DROP) for paid firefighters and for police officers. Act 757 of 1993 established the plan for police officers and Act 1004 of 1993 did the same for paid firefighters. Both of these Acts will be effective on August 13, 1993. The DROP is a retirement option that may be elected by a member of one of these plans. This option, if elected by the member, allows them to "drop" their retirement bene- fit into a DROP account and accumulate a lump sum. The member may continue to work up to five years while the DROP account accumulates. Q.2. If a local fire or police pension board wishes to start a DROP program, what must be done? A.2. Both Act 757 and Act 1004 make the DROP a local option. If the local pension board wishes to make it available to its members, the board must vote to do so. A sample board resolution is Attachment 1 to this Board Rule. If a local board does elect to make the DROP an option, a copy of the board resolution must be filed with the Arkansas Fire and Police Pension Review Board. June 10, 1993 Draft Q.3. The local fire or police pension fund in my city has con- solidated with LOPFI for administrative purposes. How can we start the DROP program? A.3. [RESERVED] Q.4. When can an individual member of the plan elect the DROP? A.4. The DROP is a retirement option and can be elected when a member is eligible for retirement; that is, anytime after attaining 20 years of service. Q.S. How does the individual elect to begin the DROP? A.S. Attachment 2 of this Board Rule is an election form for the member. This form would have to be filled out prior to the member beginning the DROP. When an individual elects the DROP they have agreed to two important items: First, they have fixed their retirement benefit at the amount they would receive if they retired normally at this time. The retirement benefit will NOT change during the DROP period and will NOT change when the member actually quits the department. In other words, when you go on DROP, the monthly retirement you draw will be fixed at that time and will never change, even when they actually retire. The member's benefit will NOT increase because of increased pay. The benefit will NOT increase because of the extra service. Second, they have agreed that they will be in the employ of the department for a period not to exceed 5 years. Note that a person is not required to go on DROP. The DROP is just an extra option for a member. Q.6. What is the amount of DROP payments? A.6. A member's DROP account will be credited monthly for the amount of the retirement benefit at the time the DROP is elected. For example, an officer whose final salary is $3,000 per month with exactly 20 years of service, who is a member of a standard police pension plan, would have June 10, 1993 Draft r • 50% or $1,500 per month This member would begin month at the end of the credited to his DROP account. receiving this same $1,500 per DROP period. Q.7. What if our pension plan receives a benefit increase dur- ing the DROP period? A.7. There is an exception in the laws that would apply if the entire plan increased benefits under the usual procedure when the Pension Review Board approves the increase. For example, if the pension plan in the above Q&A received approval for a benefit increase to a base benefit of 60% of salary, the DROP payment would increase to 60% of $3,000 or $1,800 per month. This member would begin receiving this same $1,800 per month at the end of the DROP period. Q.8. Would the member continue making contributions while on DROP? A.B. The member would continue making contributions to the • plan (not to the DROP account) while they are on DROP. That is, 6% of current salary (4% of current salary for policemen participating in Social Security). • Q.9. Besides the normal retirement benefit, what goes into the DROP account? A.9. One half of the employer matching contributions go into the DROP account. That is, 3% of current salary (except for police funds participating in Social Security, which would be 2%). The account is also credited with interest once a year Q.10. Can you give an example of how the DROP account accumu- lates? A.10. Let's use the example of the police officer with exactly 20 years of service. The pension plan is standard, that is, 50% of final salary. They do not participate in Social Security. The officer's final salary is $3,000 June 10, 1993 Draft r • • • per month. For this example, assume the salary does not change during the DROP period. He remains on DROP for 3 years (i.e., 36 months). Monthly DROP amount=50% of $3,000 = $1,500 per month 1/2 city match = 3% of $3,000 = $90 per month DROP payments=36 X $1,500 $ 54,000 City Match=36 X $90 3,240 Interest 2.324 DROP account at end of 36 months $ 59,564 Q.11. How is the interest that is credited to the DROP account calculated? A.11. The Acts which established the DROP accounts specify that interest will be credited annually. The law does not specify the way to credit this interest. There are 3 methods of crediting interest to the DROP accounts that will be considered acceptable. Of these three, Method 1 is preferred. Method 1 One year's interest is credited to the begin- ning of the year's balance in the DROP. No interest is credited to the activity during the year. No interest will be credited for the year the DROP account is dis- tributed. Method 2 One year's interest is credited to the begin- ning of the year's balance in the DROP. One half year's interest is credited to the sum of all activity in the DROP regardless of date of activity. No interest will be credited for the year the DROP account is distributed. Method 3 One year's interest is credited to the begin- ning of the year's balance in the DROP. All activity in the DROP account is weighted according to the date of activity. This weighting may be based on months or days. This weighted activity would then receive one year's interest. No interest will be credited for the year the DROP account is distributed. Q.12. Can you give an example of each method of crediting interest? June 10, 1993 Draft r A.12. Method 1 Assume the following facts. December 31, 1993 DROP balance 94 DROP payments 12 X $1,350 94 City match 12 X $81 Interest rate The interest credited for 1994 is Method 2 Assume the following facts. December 31, 1993 DROP balance 94 DROP payments 12 X $1,275 94 City match 12 X $76.50 Interest rate The interest credited for 1994 is Beginning of year balance 1/2 DROP payments 1/2 City match Investment Base times interest rate 1994 DROP interest Method 3 Assume the following facts. DROP elected September 1, City match payments Interest rate The interest credited for 9/1/93 payments=$1,272 X 10/1/93 payments=$1,272 X 11/1/93 payments=$1,272 X 12/1/93 payments=$1,272 X Investment Base times interest rate 1993 DROP interest 1993 1993 is 4/12 3/12 2/12 1/12 $ 10,000 16,200 972 7% $ 10,000 X 7$ $ 700 $ 8,000 15,300 918 6.5% $ 8,000 + 7,650 + 459 16,109 X 6.5% $ 1,047 $ 1,200/mo. 72/mo. 6$ $ 424 + 318 + 212 + 106 1,060 X 6% $ 63.60 Q.13. How is the interest rate certified by the actuary? A.13. The Pension Review Board will communicate the necessary information from the annual reports that are submitted to it to the actuary for the Pension Review Board. The June 10, 1993 Draft • r • • • actuary will then from time to time issue a list of local plans which have elected participation in the DROP and the certified interest rate for the DROP. The interest rate used in the actuarial valuations as of December 31, 1991 was 6%. Therefore, this would be the minimum rate of interest credited to the DROP accounts at that time. This rate of interest may be changed from time to time. Q.14. Does the plan have to maintain separate and/or distinct assets for the DROP accounts? A.14. No. The assets of the members" DROP accounts are com- mingled with the other pension assets. The DROP accounts are simply liabilities of the plan, and are accounted for separately. DROP accounts are bookkeeping items and should not affect the investment of the pension fund. Q.15. Where is the DROP account administered? A.15. The DROP accounts remain part of the local pension fund during the DROP period. The amount of each DROP account is calculated separately for each member who has elected the DROP. Q.16. What is the duration of the DROP? A.16. A member's DROP will continue for 5 years or until termi- nation of employment, whichever is first. Q.17. What happens at the end of 5 years? A.17. At the end of 5 years (or termination of employment if earlier) the member's DROP account is distributed. The member may receive the DROP account in a lump sum or as a monthly annuity payable for the life of the member. The June 10, 1993 Draft • • • • member would also begin to receive the same monthly retirement amount that had been going into the DROP account. The member has also agreed to terminate his employment with the department at this time. Q.18. What happens if the individual dies during the DROP period? A.18. One section of the member DROP election form allows the member to name a beneficiary. If a member dies during the DROP period, the named beneficiary would receive the balance of the DROP account in a lump sum payment. The member's widow (if there is one) would begin to receive the normal widow's benefit based on the benefit at the time the DROP was elected. Q.19. What happens if the individual leaves the department dur- ing the DROP period? A.19. A member who leaves the department after electing the DROP option but before the five years have expired would begin receiving the same monthly retirement amount that had been going into the DROP account. They would also receive the DROP account either as a lump sum or as an annuity as discussed in Q&A.17. Q.20. What happens if an individual is disabled during the DROP period? A.20. A member is considered to have retired at the time that they elected the DROP option. If a member is disabled during the DROP period, they are treated as if they left the department. The same procedure is followed as dis- cussed in Q&A.19. Q.21. How is the DROP account converted to an annuity at the end of the DROP period? June 10, 1993 Draft