HomeMy WebLinkAbout1990-08-23 Minutes• MINUTES OF A MEETING OF THE POLICE PENSION BOARD A meeting of the Fayetteville Police Pension Board was held on Thursday, August 23, 1990, at 2:00 p.m. in Room 326 of City Hall. PRESENT: Eldon Roberts, Rick Hoyt, Jerry Friend, Hollis Spencer, City Manager Scott Linebaugh, Finance Director Ben Mayes, and City Clerk Sherry Thomas. CALL TO ORDER The meeting was called to order by City Manager Scott Linebaugh. MINUTES Hoyt, seconded by the last meeting. INVESTMENTS Friend, made a motion to approve the minutes of The motion passed unanimously. Linebaugh gave a brief recap of events leading up to this meeting regarding the placement of investment funds with Longer Investments and ACORN Management Firm. Dean Witter Presentation Mike Kirkland, with Dean Witter, addressed the Board with a brief presentation regarding the ACORN firm. He stated that when the members decided to liquidate from Oppenheimer, the market was somewhat higher, allowing for a greater part of the monies to be paid in cash. The amount at Dean Witter at present is $1,314,568.00. Michelle Hennessy addressed the Board on the history of ACORN, its owners and investment strategy. She stated that the company was set up as a private firm in 1962 with Donald Getty as founder and presently chairman of ACORN. The number one goal is preservation of capital with second being income. The third goal of the company is growth. She explained that the current yield (approximately 6%) would still be put into the portfolio, giving a hedge or a comfort level to the portfolio. Hennessy explained that ACORN is considered to be a value manager with a growth approach. This means finding securities with a good buy level with the possibility of increasing price and providing a good profit. She stated that in the 1990's, the company's belief will be changing regarding the type of stocks to buy. The reason is that the growth companies will be the ones that have cash on hand and the capabilities to go international, have a large market share and have a stable product with price flexibility; i.e., Dow Chemical Company, Ford Motor Company, and IBM. She explained that is the reason ACORN is described as a value and growth manager. She distributed brochures with bar charts showing the company's August 23, 1990 performance, even in a declining market, and she stated that, although it is important that the manager have a good track record, other factors should be considered. She stated it was important that the investors feel comfortable with the investment philosophy. Hennessy stated that she felt one of the strongest advantages of ACORN is the committee participation and group decisions. There is an Investment Policy Committee made up of eight members whose function is to view the economy, and to discuss, analyze and decide on allocations of funds accordingly. She stated that ACORN sends out a quarterly newsletter which includes surplus cashflows and news articles. She stated that representatives of ACORN usually meet with clients in person twice a year and that it would be up to the Board how often they wanted to meet. Hennessy also stated that the firm would keep investors abreast of any major international situations like the Iraq/Kuwait instance. She said that any time there is a crisis or situation it is felt the clients should know about, ACORN feels it is important to get the information in print to the investors as soon as possible. She stated there would be an update on the Mid East situation shortly and a copy would be sent to the Board. Mike Kirkland explained that there were several different ways the Board could approach a decision about ACORN. He stated that ACORN's management fee was 1% and since the assets were somewhat smaller, the fees would not be very large. He stated that a wrap fee could be done through Dean Witter and it could be "discounted down" to a 1% fee to Dean Witter for a total RAP fee of 2%. Another suggestion was to generate a commission with a 40-50% discount every time there was a trade. Michelle Hennessy stated that since the account was all cash, it would be a trade-off for the first year with the second year probably better off going with commissions, as there would not be a large amount of trading. She stated that most of the municipalities ACORN dealt with were on a commission basis but that it was entirely up to the Board. Kirkland stated that the bottom line was for the assets to grow, but he had no control over when and how many trades ACORN made. He assured the Board that there was and would not be any manipulation involved regarding commissions. He stated that the 1% for Dean Witter (wrap fee) was below their discount but he wanted to be competitive with the other management firm. He told the Board that the final decision was up to them. Hennessy stated the 1% wrap fee was very reasonable as most firms charged a total of 3%. • August 23, 1990 • Linebaugh asked if the Board would like to make a decision at this meeting or schedule another meeting after they had a chance to discuss and think about everything that had been presented. Friend, seconded by Roberts, made a motion to engage the ACORN management firm. The motion was adopted unanimously. Motion was made and seconded to stay with the 2% fee for services on the account. The motion was adopted unanimously. Friend, seconded by Roberts, made a motion to authorize Scott Linebaugh to sign all documents and papers concerning the ACORN decision. The motion was unanimously adopted. It was discussed that a cash management account should be set up with at Dean Witter so one check per month could be taken out to cover the pension checks. Motion was made and seconded to give Scott Linebaugh the authority to transfer the necessary cash accounts with Dean Witter to transact business. Longer Investments Presentation Elaine Longer of Longer Investments began her presentation by. giving an explanation of a study they had asked for. Steve Osborne, associated with the actuary firm, completed the study to determine what type of investment returns would be required to fully fund the pension plan, given the current contribution rate from the City. Longer stated the study assumed the same contribution income of 6% from members, 12% from the City, 10% of fines, local millage contribution and insurance premium taxes. The conclusion was, given all contributions, if a 6% annual rate of return was achieved the plan would be fully funded. Longer explained the status of the transfer at present. She stated that $1 million in cash was transferred. She stated she would have kept all of the stocks if the international situation in the Mid East had not changed so drastically. Longer stated that when Iraq invaded Kuwait, Longer Investments received a special arrangement with A.G. Edwards to allow them to sell stocks, pending delivery of the assets to the trust. She stated that they did sell Nestle's at approximately 58 and it did continue to drop to 50. Primerica was also sold, along with a small portion of Phillip Morris and a portion of American Home Products to reduce holdings down to 1,000 shares of each. Longer stated that when the money came in, she proceeded to assume conservative positions in the drug, technology, and food companies. She stated that with the oil stocks currently held, the Pacificorp utility stocks and cash holdings, the portfolio is at approximately 25% cash ratio on the equity side. Only one bond has been purchased, so the bond side stands at approximately 20%. Ar August 23, 1990 Longer stated that before her firm took over management of the portfolio, the policy prevented the Plan from participating in 70% or more of the index. She went on to explain the differences between investment grade stocks and investment grade bonds. She suggested that a change be made in the investment policy to read "Equities purchased for the account will carry a minimum S&P rating of B- with a weighted average of the equity portfolio being equal to a Standard & Poor's rating of B+ or better." Longer stated that would keep the total portfolio over investment grade and give them the flexibility to keep moderation within the portfolio. Friend, seconded by Roberts, made a motion to change the investment policy statement from "investment grade" to "B+ or better". The motion was unanimously adopted. Longer distributed a sheet to the Board to show them what common stocks were owned at present, including the sale of Nestle's. She stated that the weighted average debt -to -total capital on the current portfolio is 23.8%, which is noted as very conservative. The five year average annual growth rate in earnings on the companies owned is 26.7% with the portfolio rated at 2.2 or "A". Longer stated that international affairs might be "rocky" for some time but the plan has a very high quality group of stocks, and they could be content to just sit and wait until everything returns to some sort of normal. Longer suggested that the Board discuss the risk parameters and return objectives and decide on an investment objective that could be used in the investment policy. Linebaugh suggested that Ben Mayes could draft possibilities for the policy and the Board could then meet, discuss, and possibly sign the necessary papers. Ben Mayes gave a brief explanation on the Pension Turn -back, outlining what was in the fund at present and how the payments are made to retirees, etc. He also pointed out that the actuary study did not show any future increase in benefits. Linebaugh stated that the Board should really look the study over carefully. Spencer asked about the possibility of the Fund paying insurance through the City's policy (Blue Cross/Blue Shield) instead of giving cash increases. Linebaugh stated that it would have to be researched since he did not know what restrictions or rules BC/BS would have concerning that. ADJOURNMENT The meeting adjourned at 3:30 p.m. • • • • MICROFILMED Sherry: Attached are copies of the computations for the Police Pension and Fire Pension turnback checks received on July 27, 1990. Ben has requested that at the next Fire Pension Meeting and Police Pension Meeting their respective turnbacks be approved and the calculations approved. Thanks! Rainy • /Police Turnback • Police Officer's Pension & Relief Fund Annual State Turnback Warrant Received July 27, 1990 State Warrant #90E-1610896 192,641.56 As of 06/30/90 Active Retired LOPFI Totals Allocation per total count •tive/Retired LOPFI • 25.00 38.00 30.00 93.00 63.00 680-980-4-301.00 30.00 101-901-4-301.02 Total Allocation 2071.4146 130,499.12 62,142.44 192,641.56 • ARKANSAS INSURANCE DEPARTMENT SLP fid. aoo Univarsiy Tows' Budding • Little Rock, Arkansas 72204 Ron Taylor Ph. 501-371-1325 Insurance Commissioner July 23, 1990 To: City Treasurer From: Ron Taylor Re: Police Officer's Pension & Relief Fund Enclosed is your state warrant to be credited to the Police Officer's Relief and Pension Fund. The warrant was issued under authority of Appropriation Act 137 of 1989. Contact Pam Davis regarding any questions on the turnback at 371-1412. • FUND MO. PAY YR. SLP 6 27 90 01008 4251045104 ACCOUNT NUMBER THIS WARRANT VOID AFTER JUNE 30,1991 uMitor oftate of Put lumens To THE STATE TREASURER, LITTLE ROCK, ARK. PAY TO THE ORDER OF: 90E-1610896 FAYETTEVILLE ?*192641 DOLLARS CENTS ( DO NOT BEND, FOLD OR MUTILATE 19&216" nos 20076MI: CITY OF FAYETTEVILLE Ec KPT rNS-ARRKANSAS DATE 07/27/ 19 90 RECD. FROM State of Arkansas $ 62,142.44 ADDRESS RECD BY Rainy IN PAYMENT Or ITEMS LISTED BELOW TOR CRT OF rA ACCOUNT FILE 56 201610896" CITY OF FAYETTEVILLE ARKANSAS RECEIPT NO. L- 76514 DATE 07/27/ 19 90 RECD. FROM State of Arkansas $ 130,499.12 ADDRESS Rainy RECD BY IN PAYMENT Or REDO LISTED BELOW Police State SSMYMMYMX DOG LICENSE No BREED _ _ Turnback MASE P®EALE AGE COLOR NAMB RABIES CEBTIF NO DATE LICENSE FOR CALENDAR YR CCOUNTNG DEFORMATION A General 12010 AC NUMBER 101-901-4-301 02 02010 ACCOUNT FILE 56 201610896" CITY OF FAYETTEVILLE ARKANSAS RECEIPT NO. L- 76514 DATE 07/27/ 19 90 RECD. FROM State of Arkansas $ 130,499.12 ADDRESS Rainy RECD BY IN PAYMENT Or REDO LISTED BELOW ACCOUNT FILE Police State Turnback Doc LICENSE NO BREED MALE FEMALE AGE COLOR NAME RABIES CERTIF NO. DATE LICENSE FOB CALENDAR TR ACCOUNTING DEFORMATION Police Pension 12800 FUND AC NUMBER 680-9R0-4-3111 00 12800 ACCOUNT FILE • • • Beta S&P Rate Ue C c 4.0CO Z N V •L c- in O .0 CO Ai y .f - O. O 0 m Li c ;g o J LL C 0• 0 IOL 0. V O 0 O` O U O. Total Cost 1 �1 CO O' PO O M A P to O N N. N O A O N N O M N M .T A M N t0 A O r P M M P O J V M l0 •- M CO �§ d O AT N N M r N 0 In P O M_ N In P *O O ' N 0 O O r r 0 0 0 M O .- O r M 4- O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N .O O A A M .T A 0 M J O g J .T N N N M .O rCnCC M N O M 2 A 3 N O P A 0 0 0 0 0 0 0 0 A 0 0 0 0 0 0 0 0 3 3 O O O O O O O O O O O O O O O O O O•• O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A N M P . Mt P- 2 In 4- P � Ap O .ATO PM N N N N 03 P O iinn N J 0 M 4 V CO In O A 0 P `O N 000. -C•0004 -00. -0000I -ON � fi � • � } u u r N N .O 1!� O N O pN� p N P `O mx N_ O O x P A p A� r re -a- N N iCr I ] O N A .O P M r' A .} Vial Ifl M O N O • M N O A In O fV N N P l 0 M M M P P 0 N r 0 0 0 0 0 r O r r 0 r N N 0 0 .T O (P N M g a d r N A N d M .. Pp} N A x �Oy A O O. . IIO�O N N PPP MA1 .O C N r I.§ A J O O M 0 0 0 0 r 0 0 r 0 0 r vs, O.r M0C� OIMnN mP OO ICnO COPO C IP ro ,0ry NT iPn .ryo • . . . r .inO 0000•-001-0000.-.-0000.-0 o' M^P ON v P P P o COCOo o P in f gng M V1 CO •r .T M P r N In .T .T 'O V In A .O N .O N NO m M .T N M .O M r r M M r r r .O r M N N M M M r CIC .1 N Z N In to O O O In O A O N V1 O O O O in in O P CO O CO N M r .T P P 0 O CO A in M A N r 0 O r O r r r r 0 0 0 r O O r r r 0 irt ^ N in 0 NO N COx NOON 0 A- O N N .*O CO x m • . • • • 03 O M 43 O^ P In 1n r N .} N A r O r 0. M .T �} r r• In r Y1 N d M MS; NN r N .T r Nin In r r A x ee x x o n o x a x x x x x x x x x x x N 00 O M CO CO `O .T CO N In in Me CO NO Pin i CO A M M M O. P .T CO N A r M N N N N N N N N N 0 d CO M CO d A P M d NO O P P M O O P CO M CO .T r M N .O N O .t A •O A .T r r r r N r r N r r r N O • co N in in N ce 0 O O 0 00110000000000000001"00 in �p0p�p I`/O�� 0 CCOQ� 0 0 0 Ip 0 0 0 0 0 0 Ian} 0 . Ap I Onn I. N'J 4 n O In OkOJ O A.- iinn 0 f` O In N NO N in J In m M en A A O 0 AO . . . . . . . . . . . . . . . . . . . . 0 N P M N M 0 A b M NO N .O .T r N N r M O P J M M M M J M N N N N N 0 M M N M In M 00 • 0 q 2 i ii C 0 0 C L r 0. V 0 0 'I- CO CO 0 Cf N d '� '.: 0 U_ •^ 0 u I-« 4-0 c_ c m - 0 00 B= "C >. v e 0. c 2 r 8. 0. L " H W C S of W L W W 0 L L 0 eN 0 J C O L 0 M 0 0 S J CO -• m C U-• L 3 0 0 0 O` a LL L e+ 040 L O 0 L. 10 co 0 0. C CC CO L 0 0 0 40 ea L J U• C.. •. _. w 0 O U C y C 0 S C D U •c ^ 0 O c F L L J yE CI L M CO • O. L O- lE Q 6� Q CO O W LL O I.J J Z S 6 6 f H f 3 Weighted Average 0 0 M O N I- .0 N c 0 cc a 4.4 0 W 0.11 O \ 03 6 N '7=4g '£=-V 12=2 'L=rtl :sapo2 6ulleN d 2 5 • • • Stocks Stocks Stocks Stocks Stocks Stocks Stocks STANDARD AND POOR'S INVESTMENT GRADING rated rated rated rated rated rated rated Recommendation: BREAKDOWN OF S & P 500 A+ A or better A- or better B+ or better B or better B- or better C or Not Rated 12.8% of 29.1% of 45.1% of 65.1% of 81.0% of 90.4% of 9.6% of index index index index index index index Equities purchased for the account will carry a minimum S & P rating of B- with a weighted average of the equity portfolio Standard and Poor's rating equal to B+ or better. Stocks not rated by Standard & Poor's should have the credit quality characteristics detailed below: 1. Total debt to total capital less than 35%; 2. Minimum current ratio of 1.8 to 1; 3. Cash flow from operations sufficient to cover dividends, capital expenditures and debt reduction; 4 A minimum of ten years of uninterrupted operating earnings; 5. Return on shareholder equity of 13% or better. • Date Quantity Longer Investments, Incorporated PURCHASE AND SALE REPORT City of Fayetteville Police Pension Fund From 07-25-90 To 08-23-90 Security Unit Price Amount PURCHASES 07-26-90 08-22-90 07-26-90 08-10-90 07-26-90 08-22-90 08-06-90 08-22-90 07-26-90 07-30-90 07-30-90 08-03-90 07-26-90 07-26-90 07-30-90 08-06-90 07-27-90 07-30-90 08-13-90 08-06-90 07-30-90 O 0-90 0 0-90 08-03-90 08-22-90 07-30-90 08-08-90 • 1,000 500 1,000 700 1,500 400 600 300 1,200 1,000 300 1,800 500 1,000 1,000 1,000 500 500 1,600 1,200 700 800 800 1,500 500 1,000 100,000 AMP Abbott Labs Amoco Amoco Archer Daniels Midland Archer Daniels Midland Bristol Myers Squibb Bristol Myers Squibb Emerson Electric Fluor Corp. Fluor Corp. Greiner Engineering Int'l Business Machines Laidlaw Inc. Class B Lowe's Luby's Cafeterias Mobil Corp. Mobil Corp. Pacificorp Reebok Int'l. Tiffany & Co. Toys -R -Us Toys -R -Us Tyson Foods Tyson Foods Walmart Stores Federal Home Loan Mortgage 9.150% Due 08-08-00 1 44.94 44,945.00 37.32 18,660.00 53.57 53,570.00 55.82 39,074.00 25.07 37,605.00 21.75 8,700.00 57.94 34,767.00 57.87 17,361.00 40.07 48,084.00 44.44 44,445.00 44.50 13,350.00 13.07 23,526.00 113.07 56,535.00 22.44 22,445.00 34.82 34,820.00 19.07 19,070.00 64.94 32,472.50 64.75 32,375.00 19.57 31,312.00 13.19 15,834.00 45.50 31,850.00 28.69 22,956.00 29.00 23,200.00 26.94 40,417.50 25.25 12,625.00 30.69 30,695.00 Corp. 100.00 100,000.00 890,694.00 • Date Quantity Longer Investments, Incorporated PURCHASE AND SALE REPORT City of Fayetteville Police Pension Fund From 07-25-90 To 08-23-90 Security Unit Price Amount SALES 08-21-90 08-15-90 08-03-90 08-03-90 08-03-90 08-21-90 08-16-90 08-15-90 08-15-90 08-16-90 08-13-90 08-13-90 07-31-90 • • 1,000 250 1,000 500 1,000 1,000 1,075 350 900 1,000 1,200 200 500 AMP American Home Products Amoco Archer Daniels Midland Lowe's Luby's Cafeterias Nestle Philip Morris Primerica Corp. Primerica Corp. Reebok Int'l. Tiffany & Co. Toys -R -Us 2 39.93 48.86 59.43 24.43 27.05 19.13 58.75 47.05 29.93 29.43 13.05 38.35 30.76 39,928.66 12,214.59 59,428.01 12,214.59 27,054.09 19,129.36 63,156.25 16,468.70 26,936.10 29,429.01 15,665.47 7,669.74 15,379.48 344,674.05 • 41/olice Turnback Police Officer's Pension & Relief Fund Annual State Turnback Warrant Received July 27, 1990 State Warrant #90E-1610896 192,641.56 As of 06/30/90 Active Retired LOPFI Totals Allocation per total count C Active/Retired LOPFI • 25.00 38.00 30.00 93.00 63.00 680-980-4-301.00 30.00 101-901-4-301.02 Total Allocation 2071.4146 130,499.12 62,142.44 192,641.56 Reliefand—Pension Fund. The warrant was issued under authority 6Y Appropriation Act 137 of 1989. • Contact Pam Davis regarding any questions on the turnback at 371-1412. • Nig DAY ECO 6 27 90 01008 4231043 04 ACCOUNT NUMBER THIS WARRANT VOID AFTER JUNE N0,1 991 Ikubitor of $tate of TPtrkallsas To THE STATE TREASURER, LITTLE Rte. ARK. PAY TO THE ORDER OF 90101610896 FAYETTEVILLE lo192641 DOLLARS CENTS ( DO NOT BEND, FOLD OR MUTLATE 19 1 21.60 1:08 200 767131: QTY OF FAYETTEVILLE ARKANSAS RECEIPT NO. L- K NAA- 76 515 DATE 07/27/ 19 90 RECD FROM State of Arkansas s 62,142.44 ADDRESS RECD BY Rainy DI PAYMENT OP ITEMS LISTED BELOW DOG LICENSE NO Police State SXNYREXIX MEDTurnback MALI FEMALE AGE COLOR NAME NAME R 140 R aIF DATE BABIES CERTIF NO. DATE fl, CALENDAR YR LE LICENSE FOR CALENDAR TR ACCOUNTING INFORMATION FUND Gene -ml 42010 ACCOUNTING INFORMATION Police Pension 42800 FUND AC NuleMa 101-901-4-301 02 AC NUMBIB 680-980-4-'U11 00 #2010 42800 ACCOUNT FILE • 56 2016108960' QTY OF FAYETTEVILLE ARKANSAS RECEIPT NO.L- 76514 DATE 07/27/ 19 90 RECD. FROM State of Arkansas s 130,499.12 ADDRESS Rainy REC'D BY 171 PATICENT or ITEMS LITTER BELOW DOG LICENSE NO Police State Turnback BREED MALE FEMALE AGE COLOR NAME BABIES CERTIF NO. DATE LICENSE FOR CALENDAR TR ACCOUNTING INFORMATION Police Pension 42800 FUND AC NUMBIB 680-980-4-'U11 00 42800 ACCOUNT FILE +: Washington Update on Public Pensions and Benefits m 1 Contact: Cathie Eitelberg August 1990 Betsy Dotson 202/429-2750 Donna Saffle - 202/429-2755 (FAX) CONGRESSIONAL TAX PROPOSALS AFFECTING PENSIONS ***TAXATION OF SECURITIES TRANSACTIONS"•RELIEF FROM MAXIMUM BENEFIT AND CONTRIBUTION RULES (Section 415)"' Tax Bill Debate Includes Pension Provision% Washington budget negotiators are looking for revenues to make a dent in the nation's deficit. Over the last few months a budget "summit" has been taking place as the deficit continues to worsen. To avoid sequestration, the automatic across-the-board budget cuts that are mandated by the federal deficit -cutting law, (Gramm-Rudman), high-level congressional and administration officials are looking for additional federal revenues and spending cuts. Within the framework of the fiscal year 1991 budget bill two issues of concern to public employee retirement systems (PERS) are likely to be decided. They are the imposition of a securities transfer excise tax (STET) and granting relief from the maximum annual benefit and contribution limits found in Internal Revenue Code (IRC) Section 415. Action Needed—Send Letters—Make Phone Calls—Make Visits Oppose --the securities transfer excise tax. Support ---the Section 415 relief bills. Public pension officials are encouraged to send letters to their congressional delegations, especially if their representatives sit on the House Ways and Means Committee or Senate Finance Committee. Letters should also be sent to the President and Treasury Secretary Brady on the STET issue. Included in this update to assist you in these efforts are sample letters, a list of the members of the tax - writing committees, and general addresses. It is important that you follow-up your congressional correspondence with a phone call. All members of Congress can be reached through the Capitol Switchboard at 202/224-3121 (Senate) 202/225-3121 (House). Congress will be in recess from mid-August to Labor Day. This break provides an opportunity to meet with members while they are in their home districts. District office numbers are listed in your local phone directory. Issue One: Securities Transfer Excise Tax (STET1 Although no one single STET proposal has yet to be introduced the most commonly discussed plan would levy an 'excise tax of one-half of one percent (0.5 percent or 50 basis points) on the value of stocks, bonds, options, futures, and limited partnership interests. Sellers would pay the tax at the time of a secondary market sale. The only securities that would be exempt would be U.S. Treasury debt. The Congressional Budget Office estimates that a STET would raise approximately $10 billion annually. Government Finance Officers Association 1750 K Street. Suite 200 Washington. DC 20006 202/429-2750 FAX: 202/429-2755 1, I Impact on State and Local Government Pension Plans The STET tax would reduce investment returns to public employee retirement systems (PERS) by the amount of the transaction taxes paid to the federal government as well as any future earnings that these payment may have earned. Investment earnings that are used to pay transfer taxes and not returned to the pension trust for the payment of benefits or to make additional investments will result in a shortfall. As most governments maintain defined benefit plans, public employers will be obligated to make up this difference. Moreover, the value of retirement benefits would be reduced over time as governments find it harder to find the funds to make cost -of -living adjustments. Public plan investment officials are encouraged to estimate what the cost to their systems will be and to communicate this information to their congressional delegations, President Bush and Treasury Secretary Brady. Issue Two: Section 415 Relief Leaislation Introduced Legislation introduced in both the House and the Senate will amend Section 415 of the Internal Revenue Code (IRC) so as to provide relief for state and local governments from the maximum annual tax code limits on pension distributions and contributions. S. 2901, the Employee Benefits Simplification Act, sponsored by Senator David Pryor (D -AR) is a larger bill containing a range of pension amendments one of which is the state and local government Section 415 remedy. H.R. 5504, introduced by Congressman Robert Matsui (D -CA) is a bill containing only governmental plan Section 415 relief provisions. Amendments in both bills: 1. )establish a uniform defmttion of comoensatiott--this change will establish parity between state and local government compensation definitions and the federal compensation definition used to determine retirement benefits by allowing deferrals to be included in compensation for Section 415 testing purposes. 2. Exempt governmental olans from the 100 oercent of compensation test --this exception will assist lower -paid, long-term employees that exceed 100 percent of final pay at retirement due to step -rate formulas or after retirement due to cost -of -living increases. 3. Exempt survivor and disability benefits --this exclusion is necessary because these benefits are often provided to younger workers or their survivors. Under Section 415, benefits must be actuarially reduced from age 62 to the present age of the beneficiary at the time of injury or death. The result can be a Section 415 benefit limit well below the amount authorized under the public plan. 4. Authorize excess olana--this provision allows state and local governments to establish excess plans for individuals • that exceed the Section 415 dollar maximums. These plans, which are used in the private sector, are designed to pay amounts in "excess" of the federal limits. Pension plans are required to comply with the Section 415 limits to receive or maintain tax - qualified status. If a plan is found to be in violation of these limits it can be disqualified by the IRS. Such action would result in both current and future employees being taxed annually on the value of benefits earned each year and the earnings of the trust would be subject to federal taxation. These changes to the existing Section 415 requirements will simplify compliance for state and local government pension plans and enable them to pay the level of benefits promised without jeopardizing the tax -status of the trust. 2 f •Smote letter: STET • • Dear Congressman or Senator. It is recognized that a variety of tax proposals are being considered to address the deficit as it relates to the current budget debate. To that end I am writing to express my concern about a recent proposal to levy a 0.5 percent securities transfer excise tax (STET) on the sale of securities. Such a proposal would reduce public pension plan investment earnings. These losses would have to be made up by .higher state and local taxes since we are legally bound to provide a certain level of benefits. The end result is higher costs for state and local governments and limited resources to protect the value of retirement benefits against inflation for our active and retired participants. Based on our pension fund's current market activities, this tax would cost our system S annually. These would be dollars that are not returned to our fund to pay for benefits. Our plan is a defined benefit plan. This means we have promised to pay a specified benefit to individuals vested in our system. If investment earnings are used to pay transfer taxes and not returned to the pension trust for the payment of benefits or to earn additional investment income, the shortfall will have to be paid by the sponsoring government. In reality, it will be the taxpayers of our jurisdiction who will pay. The value of retirement benefits over time will also be affected. Most state and local pension systems grant cost -of -living increases on an ad hoc basis. These increases serve to maintain the purchasing power of retirement benefits. Employers will find it increasingly difficult to make these adjustments because of the reduction in investment earnings to pay for them. Some attempt to justify the STET on the basis of reducing excessive speculation and churning. Public pension plans are long-term investors and therefore this tax is not needed as a inducement to change investment behavior. Given your strong support to public pension systems over the years, we urge you to reject this proposal. It will raise the cost of funding public pension plans and result in higher state and local government taxes and lower pension benefits. Sincerely, Sample Letter: Section 415 Dear Senator. I am writing in support of the Section 415 remedy for state and government pension plans contained in the Employee. Benefits Simplification Act, S. 2901, sponsored by David Pryor (D -Ark). Dear Congressman: I am writing in support of H.R. 5504 sponsored by Congressman Robert Matsui (D -Ca). (Continue either letter as follows:) This bill contains provisions that will simplify state and local government pension plan compliance with the maximum annual contribution and distribution rules under Section 415 of the Internal Revenue Code. 3 I Provisions in the bill amend the existing law that have frustrated the attempts of governmental pension plans to meet the requirement of Section 415. A comprehensive remedy which would establish a uniform definition of compensation and restructure the testing requirement would allow state and local governments to pay the benefits promised to employees without jeopardizing the tax-exempt status of the plan. This bill is supported by a coalition of state and local government and public union organizations. We urge you to cosponsor this legislation. Sincerely, Malllna Information Honorable U.S. House of Representative Washington, D.C. 20515 Honorable U.S. Senate Washington, D.C. 20510 Letters concerning the STET should also be sent to: President George Bush The White House 1600 Pennsylvania Avenue Washington, D.C. 20500 Honorable Nicholas F. Brady U.S. Department of the Treasury 1500 Pennsylvania Ave., NW Washington, D.C. 20220 Sonata F3atmce Commttta/s Phmra: Dramas (11) Llora Emma TR 0 Sparc Mameaga mil Dania Merman. NY Mac Bona MT Davi Boren OK Bill Bremer NI Germ Mermen. ME Dawn ?not .AR Canard Rama MI far Ram WV ?home Darrnia SD Mal. CLW of Stan: :arm McMum 2244515 SD•:05 12021 2244515 — Rome: SD -205 Bupabn®s 4') yr' Bob Paenraaa. OR: Rat. Mr Robe. Doig K5 William Rah DE John Damen MO Jahn Chair RI John Hems PA Dave Duramagec MN William A..-.... CO Slee Symms ID MTs Stat DM: Ed KM= 224.5315. ED•2C3 • EZ arnt.::eanaer7 n au r:CC—'mei. • House Ways and Means Committ Wane (202) 229 Dress 1331 Dan Ram IL Chew' Sam GLhma. a JL Adds TX Chariot Ramfd NY RATS Stare. CA Aadaw lama IN Havid Fora TN Fd lemma. GA REINS Gephardt MO Thames Dterar. NY Fnmt Gan NJ Marty Rum IL Dmid Peen OH Rohit Mama. CA Bent Attar AR Rams FBPpn AL Byron Damn ND Baur Kamen CT Brion Dance ir: MA W89sm Cana PA Michael Aadaeua TX Sander Levet MI IIm Mar WI Mat. CLW Counsels R.hert Leaman 227.3625. 1102 LHOB 3625 — Ra®: 1102 LHON Rspahllaes 113) III Arena TV Rni Mea Guy Manor WM. Ml PIMP Cahn IL Bib Freak MN Richard SdarLa PA Wills Gm®mt OH Witham Thoma CA Raymmrd Mder@t NY Hank Brawn. CO Rod Clanela WA E Ctay Sha Z Dort Sundaes TN Nanny Sawn. CT MIs CLW el Sieh: Phd Maim 2274021. 1106 LHOB 'Ex alarm manna a an This Update was prepared by Cathie Eitelberg, Director, GFOA's Pension & Benefits Program. Please send copies of correspondence to the GFOA, Federal Liaison Center, 1750 K Street, N.W., Washington D.C. 20006. For more information please call one of the contacts listed on the front page. 4 FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS • DEPARTMENTAL CORRESPONDENCE • • TO: Police Pension Board FROM: Sherry L. Thomas, City Clerk DATE: August 13, 1990 SUBJECT: Next Meeting As you have been informed, the next meeting of the Police Pension Board is scheduled for August 23, at 2:00 p.m. in room 326. Attached is a copy of the minutes from the July 3, 1990 meeting and a copy of a letter from Elaine Longer with a month-end portfolio appraisal. In addition, a representative from Madison Investments will be at the August 23 meeting. Attachments (2) List: Roberts Hoyt Friend Spencer Mashburn Linebaugh Mayes • ELAINE M. LONGER. C.F.A. • • LONGER INVESTMENTS, INC. REGISTERED INVESTMENT ADVISOR P 0. Box 490 18 E. CENTER STREET SUITE 201 FAYETTEVILLE. ARKANSAS 72701 TELEPHONE 501/443-5851 August 3, 1990 City of Fayetteville Police Pension Fund Committee Attn: Mr. Scott Linebaugh 113 W. Mountain Fayetteville, AR 72701 Dear Scott: Please find enclosed a month-end portfolio appraisal for the Police Pension Fund. We received the initial cash deposit of $1,000,000 this week and have been able to begin investing for you. We will use a beginning S & P 500 value of 355.91, the date of our first transaction, and beginning account value of $1,442,978 for tracking purposes. We are still awaiting the delivery of the stocks that are to be transferred to the account, plus an additional $60,000 to make up for 900 shares of Air Products that were sold before the transfer. I have also included the statement for your account origination fee. As instructed, your Northern Trust account has been billed for the fee. Please feel free to call me if you have any questions or comments. Sincerely, a ine M. E///on(:2F r President • • • Quantity COMMON STOCK Security 1,000 AMP 1,250 American Home Products 1,000 Amoco 1,500 Archer Daniels Midland 800 Dun and Bradstreet 1,200 Emerson Electric 1,300 Fluor Corp. 1,125 General Electric 500 Intl Business Machines 1,000 Laidlaw Inc. Class B 1,000 Lowe's 800 Minnesota Mining 8 Mfg. 1,000 Mobil Corp. 1,075 Nestle 1,350 Philip Morris 1,900 Primerica Corp 700 Tiffany 8 Co. 1,100 Toys -R -Us 1,000 Ualmart Stores CASH AND EQUIVALENTS Money Market TOTAL PORTFOLIO Longer Investments, Incorporated PORTFOLIO APPRAISAL City of Fayetteville Police Pension Fund July 31, 1990 Unit Total Cost Cost Market Market Price Value Pct. Assets Unit Annual Cur. Income Income Yield 44.94 44,945.00 45.12 45,125.00 3.1 1.360 1,360.00 3.0 44.84 56,047.00 50.75 63,437.50 4.4 2.150 2,687 50 4.2 53.57 53,570.00 55.62 55,625.00 3.9 2.040 2,040.00 3.7 25.07 37,605.00 25.12 37,687.50 2.6 0.100 150.00 0.4 44.43 35,547.00 40.07 48,084.00 44.46 57,795.00 48.06 54,062.00 113.07 56,535.00 22.44 34.82 70.72 64.85 58.22 32.36 22.02 45.50 28.92 30.69 22,445.00 34,820.00 56,575.00 64,847.50 62,588.00 43,691.00 41,844.18 31,850.00 31,808.50 30,695.00 865,354.18 486,031.98 486,031.98 1,351,386.16 44.62 35,700.00 40.75 48,900.00 45.25 58,825.00 71.75 80,718.75 111.87 55,937.50 21.87 29.87 90.37 65.25 60.25 47.75 32.25 45.50 30.50 31.37 21,875.00 29,875.00 72,300.00 65,250.00 64,768.75 64,462.50 61,275.00 31,850.00 33,550.00 31,375.00 2.5 2.120 1,696.00 4.8 3.4 1.260 1,512.00 3.1 4.1 0.240 312.00 0.5 5.6 1.880 2,115.00 2.6 3.9 4.840 2,420.00 4.3 1.5 0.280 280.00 1.3 2.1 1.000 1,000.00 3.3 5.0 2.920 2,336.00 3.2 4.5 2.900 2,900.00 4.4 4.5 1.450 1,558.75 2.4 4.5 1.370 1,849.50 2.9 4.2 0.400 760.00 1.2 2.2 0.280 196.00 0.6 2.3 0.000 0.00 0.0 2.2 0.280 280.00 0.9 958,537.50 66.4 25,452.75 2.7 486,031.98 33.6 8.550 41,555.73 8.5 486,031.98 33.6 41,555.73 8.5 1,444,569.48 100.0 67,008.48 4.6 • • 41/August 3, 1990 City of Fayetteville - Police Pension Fund Attn: Scott Linebaugh, City Manager 113 W. Mountain Fayetteville, AR 72701 • Longer Investments, Inc. STATEMENT OF MANAGEMENT FEES Portfolio Valuation as of 07-26-90 $1,500,000.00 @ 0.25% Account Origination Fee TOTAL DUE AND PAYABLE $1,500,000.00 $3,750.00 $3,750.00 $3,750.00