CITY OF KNOXVILLE PENSION BOARD

 MINUTES

FEBRUARY 10, 2005

8:15 A.M.

917B E. 5TH AVENUE

 

 

 

The regular meeting of the City of Knoxville Pension Board was held in the Pension Board Conference Room at 917 E. 5th Avenue at 8:15 a.m. on February 10, 2005.

 

Present were:  Mayor Bill Haslam, Mr. Kent Bates, Mr. Scott Calloway, Mr. Buddy Harrell, Mr. Stephen King, Mr. Christopher Kinney, Ms. Barbara Pelot, Mr. Michael Cherry and Attorney C.C. “Bud” Gilbert.

 

Also present:  Mr. Herman Beeler and Mrs. Debbie Beeler (Mrs. Beeler is an active General Government employee); and John Dreiser, Attorney representing Mrs. Beeler.  Tony Farmer, Attorney representing disability applicant, Glenda Fields.  Mr. Dan Holmes, Summit Strategies; Ms. Diane Jaffee and Clare A. Polidore, TCW Cowen; William Lissenden and Elizabeth Flanagan, Deutsche Asset Management.

 

CALL TO ORDER:

           Mayor Haslam presided and called the meeting to order at 8:18 a.m.

 

APPROVAL OF REGULAR MEETING MINUTES FOR JANUARY 13, 2005

 

Motion:  Mr. Bates made a motion to approve the January 13, 2005, meeting minutes.  Mr. Harrell seconded the motion.  The motion carried unanimously by the members present.

 

APPROVAL OF REVISED AGENDA:  Exhibit 1

 

The Revised Agenda was approved without objection.

 

CONTRACTS:   None

 

ADMINISTRATIVE MATTERS:

 

           2nd Quarter 2005 – Pension Board Meeting Dates

 

           The 2nd Quarter 2005 Pension Board Meeting dates were agreed upon as follows:

 

                      Thursday, April 14, 2005 – 8:15 a.m.

                      Thursday, May 12, 2005 – 8:15 a.m.

                      Thursday, June 9, 2005 – 8:15 a.m.


           Ophelia Martin

 

Mr. Cherry updated the Board on his efforts to obtain the necessary paperwork so the distribution of funds may be made to Ophelia Martin, beneficiary of Mr. Fred Martin. 

 

           Rule for determining eligibility for the Rule of 80 – Exhibit 2

 

Mr. Cherry reviewed for the Board the proposed Pension Board rule for calculating age and service requirements for the Rule of 80 as applicable to Plan G, which would codify the current practice of the pension office.  Mr. Cherry informed the Board the proposed rule had also been reviewed by the pension system’s actuary and attorney.

 

Mr. King arrived at 8:22 a.m.

 

Ms. Pelot arrived at 8:23 a.m.

 

Motion:  Mr. King made motion to approve the Rule for calculating age and service for the Rule of 80 in Plan G as outlined in Exhibit 2.  Mr. Calloway seconded the motion.  The motion carried unanimously by the members present.

 

           Notice of Attorney fee increase – Exhibit 3

 

Mr. Cherry informed the Board that Attorney Gilbert had notified the Board of a fee increase in his hourly rate from $150 to $175 to be effective January 1, 2005.  Mr. Gilbert advised the Board that the last fee adjustment was on January 1, 2003. Mr. Gilbert provided a letter of notification to the Board per the agreement with his firm. The Board acknowledged the fee adjustment, effective January 1, 2005 for $175 per hour.

 

APPEALS:

 

Prior credited service reinstatement – Debbie Beeler, General Government – Plan G2 - Exhibit 4

 

Attorney John Dreiser, associated with the law firm of Tony Farmer, represented Ms. Beeler, as he had at the January 13, 2005, board meeting, in her appeal to the Board to reinstate prior credited service time, and distributed to the Board a letter dated January 21, 2005, from Civil Service Director, Karen Day (exhibit 4).  Attorney Dreiser suggested to the Board that Ms. Day’s letter, which indicated a benefits and seniority date of November 7, 1974, strengthened Ms. Beeler’s claim that she was unaware of any lost time for prior service with the Pension office.

 

Mr. Kinney reviewed for the board members absent at last month’s meeting, Parks & Recreation Deputy Director Joe Walsh’s description of the managerial arrangement of the centers between KCDC and the City during this time period. Mr. Kinney related to the Board Mr. Walsh’s recollection of how informational meetings were held at various locations regarding the 1998 charter change which allowed employees to buy back prior service time.  Mr. Kinney suggested to the Board that Ms. Day’s letter was not relevant to this issue since the Civil Service hire date is for other human resource purposes such as longevity. The Pension Office records had already reflected the November 7, 1974 hire date as a full-time employee eligible for pension service. Ms. Pelot explained to the Board why she was in full support of Ms. Beeler’s position.  Mr. King raised some questions to Attorney Gilbert regarding the legal significance, if any, in the confusion by Ms. Beeler in understanding her correct service date of hire with the Pension Office.  Attorney Gilbert explained and reviewed for the Board the legal issues that should be considered by the members of the Board in making their respective decisions.  Mr. King disclosed during the discussion that he might also be in a somewhat similar situation as Ms. Beeler for other unrelated reasons and that he would recuse himself from voting on the matter.

 

Motion:  Ms. Pelot made a motion to reinstate Ms. Beeler’s prior credited service time.  Mr. Calloway seconded the motion.  The motion failed on a vote of 3-3-1.  Ms. Pelot, Mr. Calloway and Mayor Haslam voted yes.  Mr. Bates, Mr. Harrell and Mr. Kinney voted no.  Mr. King abstained. 

          

                      

           TCW Cowen Money Manager Review

 

Diane Jaffee and Clare Polidore of TCW Cowen made a presentation and distributed a written report.  A copy of the report is on file in the Pension Office.

 

Mayor Haslam left the meeting at 9:27 a.m. and Mr. Bates presided.

 

Mr. Bates called a recess at 9:43 a.m. and called the meeting back to order shortly thereafter.

 

EXECUTIVE DIRECTOR COMMENTS:  None

 

ATTORNEY COMMENTS:

 

Pension Charter Amendments – proposed protection measures – Exhibit 5

 

Attorney Gilbert informed the Board that he had appeared at an employees’ association meeting at the request of Mr. King and Mr. Harrell.  Attorney Gilbert reviewed for the Board the proposed protection measures for future Pension Charter Amendments which he and the Board had been working on for some months.  Mr. Kinney had some questions and discussion with Attorney Gilbert regarding some of the language in the rules and suggested a few changes. 

 

Attorney Gilbert agreed to review the suggestions to the proposed protection measures and to send them to City Council’s attorney, Charles Swanson, for additional review and comment prior to final presentation to the Board at the March 10, 2005, Pension Board meeting.

 

WITHDRAWALS:

 

The following employees have filed applications to withdraw employee pension contributions plus 4% interest and the supplemental retirement account as applicable in Plan G Option 1.

 

                      John Fullerton, General Government, Plan G2 – Vested

                      Paul Taylor, Police Department, Plan C – Vested

 

Motion:  Mr. Calloway made a motion to approve these applications for withdrawal of employee contributions.  Ms. Pelot seconded the motion.  The motion carried unanimously by the members present.

 

          

RETIREMENTS:

 

APPLICATION FOR INJURY IN LINE OF DUTY:  PLAN C - (RED TAB)

CHARTER SECTION 1390.11

 

           Glenda Fields, Police Department – Uniformed             No Option

           Date of birth, November 10, 1952:  52 years of age

           Total credited service:  21 years 1 month

           $1,733.11 pension effective February 1, 2005.

 

           Attorney for Ms. Fields, Mr. Tony Farmer, had to leave the meeting previously.

 

Motion:  Ms. Pelot made a motion to approve this application for a disability in line of duty pension based on Dr. Pool’s and Chief Owen’s letters.  Mr. King seconded the motion. 

 

Mr. Calloway had a question regarding why the disability was an in-line of duty disability.  After further consideration by the Board, the above motion was withdrawn by both Ms. Pelot and Mr. King, and the application was deferred to the March 10, 2005, Pension Board meeting pending further evidence and documentation of the injury.

 

APPLICATION FOR RETIREMENT:  PLAN A

CHARTER SECTION 1360.12

 

           Ambros Kirk, Jr., Schools Certified                              Option A-9

                                                                                                       100% with reinstatement

           Date of birth, June 29, 1941:  63 years of age

           Total City credited service:  17 years 6 months

           Total County credited service:  17 years 7 months

           Total credited service:  35 years 1 month

           Last date of employment with City:  June 1987

Last date of employment with County:  January 2005

           Average base earnings for 4 years, $400.00 x 78% = $3.12

           Average excess earnings for 4 years, $1,730.70 x 1.58% = $27.35

           making a total of $30.47 benefit per year of service.  $30.47 x 17.50 =

           $533.23.  Mr. Kirk chose Option A-9 – 100% with reinstatement to Mary Kirk, spouse.

           $533.23 x .7919 =

           $422.26 pension effective February 1, 2005.

 

           The City benefit payment is determined using City only salaries and City service time.

           The City benefit does not include any County service.

           The total amount of the combined City and County benefit is $1,680.56.

 

Motion:  Mr. Calloway made a motion to approve this application for retirement for the City portion payable under Option A-9.  Ms. Pelot seconded the motion.  The motion carried unanimously by the members present.

 

APPLICATION FOR EARLY RETIREMENT:  PLAN A

CHARTER SECTION 1360.17

 

James R. Bean, Schools Certified                                                     Option A-9

                                                                                                      100% with reinstatement 

           Date of birth, January 26, 1950:   55 years of age

           Total City credited service:  15 years

           Total County credited service:  17 years 7 months

           Total credited service:  32 years 7 months

           Last date of employment with City:  June 1987

           Last date of employment with County:  January 2005

           Average base earnings for 4 years, $400.00 x 75% = $3.00

           Average excess earnings for 4 years, $1,203.90 x 1.50% = $18.06

           making a total of $21.06 benefit per year of service.  $21.06 x 15 =

           $315.90 x ER Factor .5245 =

$165.69.  Mr. Bean chose Option A-9 – 100% with reinstatement to Debra A. Bean, spouse.  $165.69 x .8512 =

           $141.04 pension effective February 1, 2005.

 

The City benefit payment is determined using City only salaries and City service time.

           The City benefit does not include any County service.

           The total amount of the combined City and County benefit is $836.45.

 

25 years required for Early retirement.  Supreme Court ruling entitles retiree to combine City & County credited service.

 

Motion:  Mr. Calloway made a motion to approve this application for Early retirement for the City portion payable under Option A-9.   Ms. Pelot seconded the motion.  The motion carried unanimously by the members present.

 

           Carolyn D. Chandler, Schools Certified                                          No Option 

           Date of birth, June 22, 1944:   60 years of age

           Total City credited service:  20 years 8 months

           Total County credited service:  17 years 7 months

           Total credited service:  38 years 3 months

           Last date of employment with City:  June 1987

           Last date of employment with County:  January 2005

           Average base earnings for 4 years, $400.00 x 75% = $3.00

           Average excess earnings for 4 years, $1,509.78 x 1.50% = $22.65

           making a total of $25.65 benefit per year of service.  $25.65 x 20.66667 =

           $530.10 x ER Factor .9075 =

$481.07 pension effective February 1, 2005.

 

The City benefit payment is determined using City only salaries and City service time.

           The City benefit does not include any County service.

           The total amount of the combined City and County benefit is $1,999.41.

 

25 years required for Early retirement.  Supreme Court ruling entitles retiree to combine City & County credited service.

 

Motion:  Mr. Calloway made a motion to approve this application for Early retirement for the City portion.   Ms. Pelot seconded the motion.  The motion carried unanimously by the members present.

 

APPLICATION FOR DEFERRED RETIREMENT:  PLAN G1

CHARTER SECTION 1360.28

 

           Tommie Sue Smallman, General Government                        No Option

           Date of birth, January 26, 1943:  62 years of age

           Total credited service:  9 years 1 month

           Plan A benefit:  Average base salary for 2 highest 12 month periods, $400.00 x

.0081% = $3.24 x 3.58333 = $11.61 plus Average excess salary for 2 highest 12 month periods, $1,452.95 x .0162% = $23.54 x 3.58333 = $84.35.  Total A benefit = $95.96.

Plan G1 benefit:  Average monthly salary for 2 highest 12 month periods, $1,852.95 x .0115% = $21.31 x 5.50 = $117.20

*Total defined benefit:  $213.16

           $213.16 pension effective February 1, 2005.

 

*Defined benefit portion only.  Ms. Smallman had previously applied for and received a lump sum for the supplemental retirement account.

 

Motion:  Ms. Pelot made a motion to approve this application for a deferred retirement.  Mr. Calloway seconded the motion.  The motion carried unanimously by the members present.

 

APPLICATION FOR PARTICIPATION IN THE DELAYED RETIREMENT OPTION PROGRAM (DROP):  PURSUANT TO CHARTER SECTION 1371.8 – PLAN G2

The following employees have chosen a Delayed Retirement Option and will receive a one-time payment of accumulated benefits on termination of employment with the City of Knoxville.

 

           Genie P. Braid, General Government                        No Option

           Date of birth, July 10, 1943:  61 years of age

           Total credited service:  38 years 9 months 16 days

           Average monthly salary for 2 highest 12 month periods, $2,805.90 x 2.1% =

           $58.92 x 38.79383 =

           $2,285.73 pension effective February 1, 2005.  (Full benefit pursuant to Rule of 80)

           DROP complete January 31, 2007.

 

Motion:  Mr. Harrell made a motion to approve this application for DROP retirement.  Ms. Pelot seconded the motion.  The motion carried unanimously by the members present.

          

John L. Inman, General Government                        Option A-9

                                                                                           100% with reinstatement          

Date of birth, October 13, 1942 :  62 years of age

           Total credited service:  25 years 4 months 13 days

           Average monthly salary for 2 highest 12 month periods, $2,277.77 x 2.1% =

$47.83 x 25.36895 = $1,213.40.  Mr. Inman chose Option A-9 – 100% with reinstatement to Linda I. Inman, spouse.  $1,213.40 x .7737 =

           $938.81 pension effective February 1, 2005.

           DROP complete January 31, 2007. 

 

Motion:  Mr. Harrell made a motion to approve this application for DROP retirement payable under Option A-9.  Ms. Pelot seconded the motion.  The motion carried unanimously by the members present.

 

Will E. Miles, Jr., General Government                        No Option

           Date of birth, February 26, 1945:  59 years of age

           Total credited service:  32 years 9 months 21 days

           Average monthly salary for 2 highest 12 month periods, $3,503.23 x 2.1% =

           $73.57 x 32.80753 =

           $2,413.65 pension effective February 1, 2005.  (Full benefit pursuant to Rule of 80)

           DROP complete January 31, 2007.

 

Motion:  Mr. Harrell made a motion to approve this application for DROP retirement.   Ms. Pelot seconded the motion.  The motion carried unanimously by the members present.

 

Leo C. Moore, Jr., General Government                        Option A-6

                                                                                           100% without reinstatement

Date of birth, July 21, 1953 :  51 years of age

           Total credited service:  28 years 10 months 4 days

           Average monthly salary for 2 highest 12 month periods, $2,632.07 x 2.1% =

$55.27 x 28.84429 = $1,594.22.  Mr. Moore chose Option A-6 – 100% without reinstatement to Debra G. Moore, spouse.  $1,594.22 x .8854 =

           $1,411.52 pension effective February 1, 2005.  (Full benefit pursuant to Rule of 80)

           DROP complete January 31, 2007.

          

Motion:  Mr. Harrell made a motion to approve this application for DROP retirement payable under Option A-6.  Ms. Pelot seconded the motion.  The motion carried unanimously by the members present.

 

Wayman R. Whaley, General Government             Option A-6

                                                                                           100% without reinstatement

Date of birth, December 17, 1931:  73 years of age

           Total credited service:  39 years 8 months 11 days

           Final average monthly salary for 2 highest 12 month periods, $4,078.32 x 2.1% =

$85.64 x 39.69680 = $3,399.63.  Mr. Wayman chose Option A -6 – 100% without reinstatement to Betty L. Whaley, spouse.  $3,399.63 x .7416 =

           $2,521.17 pension effective February 1, 2005.

           DROP complete January 31, 2007.

          

Motion:  Mr. Harrell made a motion to approve this application for DROP retirement payable under Option A-6.  Ms. Pelot seconded the motion.  The motion carried unanimously by the members present.

 

APPROVAL OF INVOICES FOR PROFESSIONAL SERVICES:     (GREEN TAB)

          

Kennerly, Montgomery & Finley, P.C. – Attorney (December)       840.00          

State Street – Trustee (December 2004)                                     3,602.37 

Calamos Investments – money manager                                          52,238.00

Deutsche Asset Management – money manager                   37,844.49

STW Fixed Income – money manager                                          34,815.21

TCW Asset Management – money manager                              95,873.54                                     

                                                                  

Mr. Cherry, Executive Director, has reviewed the bills and certifies that they are consistent with the services provided and are within the budgeted figures of the FY 2005 financial plan.

 

Motion:  Mr. Kinney made a motion to pay these invoices.  Mr. Harrell seconded the motion.  The motion carried unanimously by the members present.

 

INVESTMENT MATTERS:

 

Dan Holmes - International Growth Equity Presentations

 

Mr. Holmes recommended that a planning session be scheduled with the Board in April to interview international growth managers as potential replacements for Oechsle International Advisors.  It was agreed on by the Board to schedule interviews with four firms, for Wednesday, April 13, 2005, from 2:00 – 5:00 p.m. before the regular meeting on Thursday, April 14, 2005, at 8:15 a.m., at which strategy discussions can be held with Mr. Holmes.

 

Motion:  Mr. Harrell made a motion to have Mr. Holmes commence with a search for a possible replacement for Oeschsle International Advisors.  Mr. Calloway seconded the motion.  The motion carried unanimously by the members present.

 

Mr. Kinney left the meeting at 10:55 a.m.

 

Mr. Bates called a recess at 10:57 a.m. and called the meeting back to order shortly thereafter.

 

Deutsche Asset Management Money Manager Review                                

 

Bill Lissenden and Beth Flanagan of Deutsche Asset Management made a presentation and distributed a written report.  A copy of the report is on file in the Pension Office.

 

Dan Holmes – Summit Strategies

 

Mr. Holmes made a presentation of the 4th Quarter, 2004 Performance Report.  Copies of his report are on file in the Pension Office.

 

OTHER:   None

 

PUBLIC COMMENTS:  None

 

ADJOURNMENT:

 

           There being no further business, the following motion was made:

 

Motion:  Mr. Calloway made a motion to adjourn the meeting at 11:45 a.m.  Mr. King seconded the motion.  The motion carried unanimously by the members present.

 

 

 

                                                                  _________________________

                                                                  Chair

 

                                                                  __________________________

                                                                  Date

 

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