CITY OF KNOXVILLE PENSION BOARD

MINUTES

THURSDAYDecember 8, 2011

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 December 8, 2011.

 

Present were:  Ms. Barbara Pelot,  Mr. Greg Coker, Mr. Jim Hutchens, Mr. Stephen King, Mr. Larry Martin, Mr. Jim York, Mr. Michael Cherry, Attorney Bud Gilbert and Attorney Michael Kelly – Kennerly, Montgomery and Finley; Mr. Martin attended as Mayor Brown’s designated representative as authorized by T.C.A. § 6-54-112 and the mayor’s letter of designation dated January 12, 2011.

 

Also present:  Mr. Alan Pennington and Ms. Mandy Lee Bratton - Bryan, Pendleton, Swats & McAllister; Mr. Michael Paseur, General Government employee; newly elected council members Finbarr Saunders and Marshall Stair; Mr. John Craig – City of Knoxville resident.

 

CALL TO ORDER:

 

Ms. Pelot presided and called the meeting to order at 8:23 a.m.

 

APPROVAL OF REGULAR MEETING MINUTES for November 10, 2011:

 

Mr. Martin made a motion to approve the November 10, 2011 meeting minutes.  Mr. Coker seconded the motion.  The motion carried unanimously by the members present.

 

APPROVAL OF REVISED AGENDA: - Exhibit 1

 

The Revised Agenda was accepted by the Pension Board without objection.

 

ENROLLMENTS:

 

The following General Government employees have filed applications to become members of the Plan G1 pension system:

 

Rachel E. Butzler

Michelle L. Dresch

Rhonda J. Elfvin

Raymond L. Jackson

Robert D. Jones

Julie S. Maxwell

Rocky A. McClulloch

Roger E. Phillips

Dan W. Sambrano

David A. Smith

Christine M. Stickler

 

Motion:  Mr. York made a motion to approve these applications for enrollment in the Plan G1 pension system.  Mr. Martin seconded the motion.  The motion carried unanimously by the members present.

 

WITHDRAWALS:

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

 

Jeff Roberts, General Govt. – Plan G1, Vested

Tim Ward, Police Dept. – Plan C, Vested

 

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

 

APPLICATION FOR DEFERRED RETIREMENT:  PLAN C

CHARTER SECTION 1390.16

 

Howard G. Kidder, Police Dept. - Uniformed      Option A-9

                                                                        100% with reinstatement

Date of birth, May 2, 1957:  54 years of age

                        Total credited service:  13 years 6 months

                        Last employed:  June 2000

                        Total credited service:  13 years  

                        Average monthly salary for 2 highest 12 month periods, $3,002.57 x .02 =

$60.05 x 13 = $780.65.  Mr. Kidder chose Option A-9 – 100% with reinstatement to Elise P. Kidder, spouse.  $780.65 x .9216 =

$719.45 pension effective December 1, 2011.

 

Motion:  Mr. Martin made a motion to approve this application for Deferred retirement payable under Option A-9.  Mr. Coker seconded the motion.  The motion passed unanimously by the members present.

 

Mr. Hutchens and Mr. King arrived at 8:28 a.m.

 

APPLICATION FOR DEFERRED RETIREMENT:  PLAN G1

CHARTER SECTION 1360.28

 

Steven E. Roberts, General Govt.                         No Option

Date of birth, December 1, 1949:  62 years of age

                        Total credited service:  13 years 7 months

Last employed:  August 2003

 

Plan A benefit:  Average base salary for 2 highest 12 month periods, $400.00 x .0081% = $3.24 x 7.50 = $24.30 plus average excess salary for 2 highest 12 month periods, $5,473.48 x .0162% = $88.67 x 7.50 = $665.03.  Total A benefit = $689.33

 

Plan G1 benefit:  Average monthly salary for 2 highest 12 month periods,

$5,873.48 x .0115% = $67.55 x 6.0833 = $410.93.

 

Plan A benefit $689.33 + Plan G1 benefit $410.93 =  

$1,100.26 pension effective December 1, 2011.

 

*Defined benefit only.  Mr. Roberts previously withdrew the value of the supplemental retirement account, applicable in Plan G – Option1, upon his termination.

 

Motion:  Mr. York made a motion to approve this application for Deferred retirement.  Mr. Martin seconded the motion.  The motion passed unanimously by the members present.

 

APPLICATION FOR PARTICIPATION IN THE DELAYED RETIREMENT OPTION PROGRAM (DROP):  PURSUANT TO CHARTER SECTION 1390.22 – PLAN C.

 

The following employee has chosen a Delayed Retirement Option and will receive a one-time payment of the accumulated monthly benefits on termination of employment with the City of Knoxville:

 

Samuel Rivera, Jr., Police Dept. - Uniformed     Option A-4

                                                                                    50% without reinstatement

Date of birth, June 2, 1958:  53 years of age

Total credited service:  25 years 3 months 22 days

Average monthly salary for 2 highest 12 month periods, $4,440.20 x .025 =

$111.01 x 25.31027 =

$2,809.69* pension effective December 1, 2011.

DROP complete November 30, 2013.

 

*No reduction in Plan C for 50% Joint and Survivor Option to spouse.

 

Motion:  Mr. Coker made a motion to approve this application for Drop retirement payable under Option A-4.  Mr. Hutchens seconded the motion.  The motion passed unanimously by the members present.

 

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

 

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

 

James C. Bishop, General Government – Plan G2       Option A-9

100% with reinstatement

Date of birth, November 20, 1955:  56 years of age

Total credited service:  26 years 3 months 6 days

Average monthly salary for 2 highest 12 month periods, $2,925.89 x .021 =

$61.44 x 26.26644 = $1,613.81.  Mr. Bishop chose Option A-9 – 100 Joint and Survivor with reinstatement to Robin D. Bishop, spouse.  $1,613.81 x .8368 =

$1,350.44 pension effective December 1, 2011.

DROP complete November 30, 2013.

 

Motion:  Mr. Hutchens made a motion to approve this application for Drop retirement payable under Option A-9.  Mr. Coker seconded the motion.  The motion passed unanimously by the members present.

 

Betty L. Davis, General Government – Plan G2 No Option

Date of birth, December 1, 1947:  64 years of age

                        Total credited service:  20 years 3 months 6 days

                        Average monthly salary for 2 highest 12 month periods, $2,623.85 x .021 =

$55.10 x 20.26644 =

$1,116.68 pension effective December 1, 2011.

DROP complete November 30, 2013.

 

Motion:  Mr. Hutchens made a motion to approve this application for Drop retirement.  Mr. Coker seconded the motion.  The motion passed unanimously by the members present.

 

John E. Huff, General Government – Plan G2              Option A-6

100% without reinstatement

Date of birth, November 30, 1949:  62 years of age

Total credited service:  17 years 11 months 25 days

 Average monthly salary for 2 highest 12 month periods, $3,695.63 x .021 =

$77.61 x 17.98516 = $1,395.83.  Mr. Huff chose Option A-6 – 100% Joint and Survivor without reinstatement to Reaunette Huff, spouse.  $1,395.83 x .8466 =

$1,181.71 pension effective December 1, 2011.

DROP complete November 30, 2013.

 

Motion:  Mr. Hutchens made a motion to approve this application for Drop retirement payable under Option A-6.  Mr. Coker seconded the motion.  The motion passed unanimously by the members present.

 

APPROVAL OF INVOICES FOR PROFESSIONAL SERVICES: 

           

Bryan, Pendleton, Swats & McAllister – Actuary (Oct 2011)              $33,784.00

Kennerly, Montgomery & Finley – Attorney (General – Nov 2011)         5,114.50   

Kennerly, Montgomery & Finley – Attorney (G1 – Nov 2011)                1,949.40    

Kennerly, Montgomery & Finley – Attorney (Frye Lit. – Sept 2011)       1,345.50  

Kennerly, Montgomery & Finley – Attorney (Frye Lit. – Oct 2011)         1,260.00  

Kennerly, Montgomery & Finley – Attorney (Frye Lit. – Nov 2011)        1,875.00  

State Street – Custodial (Oct 2011)                                                          8,507.36

State Street – Trustee (Oct 2011)                                                              3,388.28

Calamos – Money Manager (3rd Qtr 2011)                                            24,858.00

Summit Strategies – Investment Consultant (4th Qtr 2011)                   31,250.00

 

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 system’s financial plan.

 

Motion:  Mr. Martin made a motion to pay the invoices as presented.  Mr. Coker seconded the motion.  The motion carried unanimously by the members present.

 

ADMINISTRATIVE MATTERS:

 

Election of Pension Board Officers

 

Mr. Cherry reminded the Pension Board members that officers for the 2012 calendar year would need to be elected at the January Pension Board meeting in accordance with City of Knoxville Charter Section 1324.  Mr. Hutchens also reminded the Board that Personnel Committee members would also need to be named.

 

Donald Sams – request to establish prior service as creditable service – Exhibit 2

 

After a lengthy discussion by the Board regarding Officer Sams’ request to obtain prior service as credited service in Pension Plan C, the following motion was made:

 

Motion:  Mr. Martin made a motion to defer this decision, consistent with advice of legal counsel, to the January board meeting pending council’s further research on the matter and for ample time to develop a rule definition of “regularly employed”.  Mr. Hutchens seconded the motion.  The motion passed 4-2.  Ms. Pelot and Mr. Coker voted no.

 

2006 – 2011 Experience Study and Actuarial Assumption Discussion –

Exhibit 3

 

The Board’s Actuary, Mr. Alan Pennington with Bryan, Pendleton, Swats and McAllister gave a presentation to the Board on the 2006 – 2011 Experience Study and led a discussion on the Actuarial Assumption rate.

 

Motion:  Mr. Martin made a motion to accept the Experience Study as presented and to adopt the assumptions recommended and summarized by Mr. Pennington in the actuary’s letter of November 10, 2011 except for the future investment return assumption, which Mr. Martin lowered to 7.25% as part of his motion. Mr. Martin withdrew his motion after it failed to receive a second.

 

Motion: Following additional discussion, Mr. Martin made a motion to accept the Experience Study as presented and to adopt the assumptions recommended and summarized by Mr. Pennington in the actuary’s letter of November 10, 2011 except for the future investment return assumption, which Mr. Martin lowered to 7.375% as part of his motion. Ms. Pelot seconded the motion.

 

Mr. Hutchens called for a brief recess at 11:02 a.m. and the meeting was called back in to order at 11:15 a.m.

 

Motion: Mr. York made a motion to amend Mr. Martin’s motion, but it failed for a lack of a second.

 

After a lengthy discussion by the Board with careful thought and deliberation, Mr. Martin’s motion was restated and passed on a vote of 4-1-1.  Ms. Pelot, Mr. Hutchens, Mr. Martin and Mr. York voted yes.  Mr. King voted no.  Mr. Coker abstained.  Mr. York originally abstained but later requested that his vote be changed to yes, which request was accepted by the Chair without objection.

 

 

INVESTMENT MATTERS:

 

Investment Committee Minutes – Exhibit 4

 

A draft of the Investment Committee’s December 6, 2011, meeting minutes was distributed to the full Board. 

 

De-risking recommendation

 

Ms. Pelot informed the Board that the de-risking discussion was ongoing by the Investment Committee.  Attorney Gilbert reviewed with the full Board the Investment Committee’s December 6, 2011, meeting minutes which included the de-risking discussion to date by the committee.

 

EXECUTIVE DIRECTOR COMMENTS:

 

General Government Seat A Election

 

Mr. Cherry advised the Board that Mr. Michael Paseur had been certified as elected, for the General Government – Seat A representative for the three year term beginning January 1, 2012 through December 31, 2014. 

 

Uniformed Bodies Seat A Election

 

Mr. Cherry advised the Board that Mr. Greg Coker had been certified as re-elected, for the Police Department, Uniformed – Seat A representative for the three year term beginning January 1, 2012 through December 31, 2014. 

 

ATTORNEY COMMENTS:

 

Derrell Frye Litigation

 

Attorney Gilbert updated the Board on the Derrell Frye litigation.

 

G1 Litigation Discussion - Post Chancellor Fansler’s Ruling

 

Attorney Michael Kelly informed the Board of various key dates for making an appeal decision relative to Chancellor Fansler’s ruling in the G1 Litigation and also discussed with the Board the option of filing a motion with the Chancellor to clarify his opinion that would allow the Board more time to consider an appeal of the court’s decision.

 

Motion:  Mr. Coker made a motion to enter into Executive Session.  Ms. Pelot seconded the motion.  The motion carried.  Mr. York abstained.

 

Mr. York left the meeting at 11:53 a.m. prior to the commencement of the Executive Session

 

Motion:  Mr. Coker made a motion to end the Executive Session.  Ms. Pelot seconded the motion and the meeting was called back to order at 12:10 p.m.  Mr. King did not vote.

 

Motion:  Mr. Coker made a motion directing and authorizing legal counsel to file a motion with Chancellor Fansler to reconsider, alter/amend his decision.  Mr. Hutchens seconded the motion.  The motion passed 3-1-1.  Ms. Pelot, Mr. Coker and Mr. Hutchens voted yes.  Mr. Martin voted no.  Mr. King abstained.

 

CONTRACTS:  None

 

OTHER:

 

RECOGNITION OF MS. BARBARA PELOT, MR. JIM HUTCHENS AND MR. LARRY MARTIN FOR THEIR SERVICE ON THE PENSION BOARD:

 

Mr. Cherry presented Ms. Pelot, Mr. Hutchens and Mr. Martin with plaques in appreciation of their service on the Pension Board.  In addition, Mr. Cherry advised the Board that a plaque had been prepared for Mayor Daniel Brown to be presented to him later.

 

PUBLIC COMMENTS:  None

 

ADJOURNMENT:

 

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

 

Motion:   Mr. Coker made a motion to adjourn the meeting at 12:42 p.m.  Mr. King seconded the motion.  The motion carried unanimously by the members present.

 

 

 

 

 

                                                                                                _____________________

                                                                                                            Chair

 

 

                                                                                                ______________________

                                                                                                            Date