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HomeMy WebLinkAbout7183RESOLUTION NO. 7183 A RESOLUTION CERTIFYING THE VOTE OF THE CITY COUNCIL ON PROPOSED MODIFICATIONS TO THE STATEWIDE NEW HIRE PENSION PLAN FOR POLICE OFFICERS WHEREAS, the Board of Directors of the Fire and Police Pension Association has proposed modifications to the pension benefits and age and service requirements for police officer pension benefits set forth in Part 10 of Article 30 of Title 31, C.R.S.; and WHEREAS, certain conditions must be met before the Board may adopt any modification to the plan, including approval by more than fifty percent of the employers having active members covered by the plan; and WHEREAS, it is therefore necessary for the City Council to either approve or reject these plan modifications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: Section 1. The vote of the City Council on the five proposed amendments to the Statewide New Hire Plan for police officers is as follows: Amendment One 6 yes 1 no Amendment Two 6 yes 1 no Amendment Three 6 __ yes 1 no Amendment Four 5 yes 2 no Amendment Five 6 yes 1 no Section 2. The City Clerk is hereby authorized and directed to complete the Official Statewide Pension Plan Employer Ballot in accordance with this vote. INTRODUCED: By SAMUEL Councilpe ATTEST:, APPROVED: City Clerk President July 26, 1993 CORSENTINO rson the City Council FIRE AND POLICE PENSION ASSOCIATION BOARD OF DIRECTORS RESOLUTION NO. 2 -1993 WHEREAS, pursuant to the authority granted in C.R.S., 31 -30- 1006.5 (Cum. Supp. 1992), the Board of Directors of the Fire and Police Pension Association ( "the Board ") has proposed certain modifications to the pension benefits and the age and service requirements for pension benefits set forth in part 10, article 30, title 31, Colorado Revised Statutes, as amended, with respect to the members of the statewide defined benefit plan ( "the plan"), and WHEREAS, the proposed modifications to the plan are set forth in the Board's Resolution No. 1 -1993, adopted by the Board on April 28, 1993, and WHEREAS, FPPA rule 305.02(b) requires that prior to an election by employers and members on any proposed modification to the plan, the Board must provide employers with a certification that the proposed modifications comply with the requirements set forth in C.R.S., 31- 30- 1006.5 (Cum. Supp. 1992), NOW, THEREFORE, BE IT RESOLVED, that the Board hereby certifies that the proposed modifications to the plan set forth in Board Resolution No. 1 -1993, comply with the requirements set forth in C.R.S., 31- 30- 1006.5(a), (b), (c) and (f) (Cum. Supp. 1992). IN WITNESS WHEREOF, I have hereunto set my hand on th' ay of April, 1993. Randy"L. Gu tafso , Board Chairman Fire and Po cu Pefision Association STATE OF COLORADO ) ss COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this 28th day of April, 1993, by Randy L. Gustafson, Board Chairman of the Fire and Police Pension Association, a political subdivision of the State of Colorado. WITNESS my hand and official seal. My commission expires: FIRE AND POLICE PENSION ASSOCIATION BOARD OF DIRECTORS RESOLUTION NO. 1 -1993 WHEREAS, C.R.S., 31- 30- 1006.5 (Cum. Supp. 1992), provides that the Board of Directors of the Fire and Police Pension Association ( "the Board ") may modify the pension bene-fits and the age and service requirements for pension benefits set forth in part 10, article 30, title 31, Colorado Revised Statutes, as amended, with respect to the members of the statewide defined benefit plan ( "the plan"), and WHEREAS, C.R.S., 31- 30- 1006.5 (Cum. Supp. 1992), sets forth certain conditions which must be met before the Board may adopt any modification to the plan, including approval by at least sixty -five percent of the active members of the plan and more than fifty percent of the emplovers having active members covered by the plan, and WHEREAS, pursuant to the authority granted in C.R.S., 31 -30- 1006.5(3) (Cum. Supp. 1992), the Board has adopted Rules establishing the procedure which the Board will follow with respect to its adoption of any modification to the plan, and WHEREAS, FPPA Rule 305.01 requires that the Board provide a copy of the lan;.iage of each proposed plan modification to employers for distribution to each member of the plan, NOW, THEREFORE, BE IT RESOLVED, that the Board hereby proposes the following modifications to the plan which shall he submitted for approval to plan employers and plan members pursuant to the provisions of C.R.S., 31 -30- 1006.5 (Cum. Supp. 1992) and FPPA Rule 305. Amendment One. The provisions of section 31- 30- 1006(1)(a), Colorado Revised Statutes, as amended, are modified as follows: Any member who has completed at least twenty -five years of active service and has attained the age of sixty years shall be eligible for a normal retirement pension, but any member shall be eligible for a normal retirement pension at any time after attaining the age of fifty -five years if his employer has certified to the board that there is no available position for which such member is qualified. The annual normal retirement pension shall be two percent of the average of the member's highest three years' base salary multiplied by the member's years of service, not to exceed twenty -five. IN ADDITION TO THE ANNUAL NORMAL RETIREMENT PENSION SET FORTH IN THIS PARAGRAPH (a), A MEMBER SHALL RECEIVE TWO PERCENT OF THE AVERAGE OF THE MEMBER'S HIGHEST THREE YEARS' BASE SALARY FOR EACH YEAR OF SERVICE WHICH THE MEMBER ACCRUES AFTER HAVING SERVED AT LEAST TWENTY -FIVE YEARS AND ATTAINING THE AGE OF SIXTY YEARS OR SUCH LESSER AGE AS THE BOARD MAY SET PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (1). HOWEVER, IN NO EVENT SHALL A MEMBER RECEIVE MORE THAN SEVENTY PERCENT OF THE AVERAGE OF THE MEMBER'S HIGHEST THREE YEARS' BASE SALARY AS A RETIREMENT BENEFIT. THE ADDITIONAL BENEFIT PROVIDE yens of credited service may leave his contributions with the fund. When the inactive member attains age sixty -five, he shall be eligibie to re'.:eive an annual vested benefit equal to two percent of his average hi2h.est three years' salary multiplied by his years, not to exceed twenty - five, of active service. Any such member shall be eligible to receive the applicable vested benefit as provided in this section or to make an e!ection for a reduced pension in the manner provided in section 31 -30- 1006(4). All the provisions of section 31- 30- 1006(4) shall apply to said member; except that the benefits used to calculate the reduced benefits shall be the vested benefit provided to the member under this section rather than the retirement benefit provided in section 31 -30 -1006. The member may not elect one of the options earlier than sixty days prior to the commencement of vested benefit payments. In the event that an inactive member who is eligible for vested benefits dies prior to the commencement of his benefit payments, the fire and police pension association shall refund the inactive member's contributions to his estate, and no vested benefits shall be payable to the inactive member's survivors or beneficiaries. Amendment Five. The provisions of section 31- 30- 1011(2)(x), Colorado Revised Statutes, as amended, are modified as follows: In lieu of having his contributions returned as provided in paragraph (a) of subsection (1) of this section, a member who has at least ten years of credited service may leave his contributions with the fund. When the inactive member attains age sixty -five, he shall be eligible to receive an annual vested benefit equal to two percent of his average highest three years' salary multiplied by his years, not to exceed twenty -five, of active service. Anv such member shall be eligible to receive the applicable vested benefit as provided in this section or to make an election for a reduced pension in the manner provided in section 31 -30- 1006(4). All the provisions of section 31 -30- 1006(4) shall apply to said member; except that the benefits used to calculate the reduced benefits shall be the vested benefit provided to the member under this section rather than the retirement benefit provided in section 31 -30 -1006. The member may not elect one of the options earlier than sixty days prior to the commencement of vested benefit payments. In the event that an inactive member who is eligible for vested benefits dies prior to the commencement of his benefit payments, the fire and police pension association shall EITHER refund the inactive member's contributions to his estat ---d fie rested beneriEs —she l be pa, e th me .I ems begeAei. -ies. OR PROVIDE SURVIVOR BENEFITS TO THE MEMBER'S DESIGNATED BENEFICIARY, PAYABLE WHEN THE MEMBER WOULD HAVE BEEN ELIGIBLE TO RECEIVE A VESTED BENEFIT UNDER THIS SUBSECTION (2), WHICHEVER IS GREATER. THE SURVIVOR BENEFITS SHALL BE CALCULATED AS IF THE MEMBER HAD SELECTED OPTION VPPA Official Statewide Pension Plan Employer Ballot, Disclosure Statement and Comparison FIRE & POLICE PENSION ASSOCIATION Between Current Plan and Proposed Changes DISCLOSURE STATEMENT The purpose of this document is to explain the proposed modifications to be made to the Statewide New Hire Plan, which FPPA is submitting for member and employer approval. 0 Five plan amendments are being proposed to members and employers. • Each amendment will be voted on separately for the purposes of the election. • Each amendment must be approved by at least 65 0 6 of the active plan members and 50 96 of the employers for passage. * Any of the amendments that are approved will become effective January 1, 1994. The costs attributable to the adoption of these amendments will not increase the required contributions to the plan. Rather, the costs will be absorbed through reductions in future allocations to each member's SRA account. SRA allocations are calculated annually, based on each year's actuarial study, and are rounded down to the nearest 1/2%. All calculations are shown as percentages, based on members' total base salaries. For 1993, based on the 1992 actuarial study, the SRA allocations If all of the amendments had been approved effective were calculated as follows: January 1, 1993, costs would have been calculated as follows: Contributions from Employees: 8.000% 8.000% Contributions from Employees: 8.000 °'0 Contributions from Employers: 16.000 °'o Contributions from Employers: 8.000% Total Contributions: Total Contributions: 16.000% Cost of defined benefits under the plan per 1992 actuarial study: 10.240% Cost of defined benefits under the plan Contributions available for SRAs: 5.760 °6 per 1992 actuarial study: 10.240 Cost of: Amendment One 0.000% 1993 SRA contribution allocation: 5.500% Amendment Two 0.169% 0.239% Amendment Three Amendment Four 0.049 9 6 Amendment Five 0.052 °6 Total Cost of defined benefits under the Plan: 10.749% Contributions available for SRAs: 5.251'6 1993 SRA contributions allocation: 5.00 °6 Since each plan amendment is being voted on independently, only the costs associated with the adopted amendments will be added to the total "normal cost" of the defined benefits under the plan. The calculations in the above right -hand column are based on the 1992 actuarial study rates. Actual SRA allocations to be effective January 1, 1994 will be calculated using the "normal benefit" plan costs determined in the 1993 actuarial study, plus the cost of any amendments adopted. Official Statewide Pension Plan Employer Ballot INSTRUCTIONS FOR VOTING: If your municipality or special district employs BOTH firefighters and police officers covered by the Statewide New Hire Plan, you are being supplied with TWO identical employer ballots. The governing body of your municipality or special district should adopt separate resolutions for each group of employees, with each resolution expressing the will of the governing body regarding each proposed amendment individually. AS AN EXAMPLE: It may be the will of the governing body to vote "YES" on any amendment for its police officers, but to vote "NO" on the same amendment for firefighters. Indicate below which group of employees this ballot represents. Attach a copy of the accompanying resolution to this ballot and return to FPPA along with your certification of election results. city or special district circle one This ballot represents the will of the governing body of regarding its ( firefighters police officers ) employed by said city or special district and covered by the Statewide New Hire Pension Plan. Amendment One Granting an additional 2% per year benefit, to a maximum of 70% of salary, for every year worked after the member is eligible for normal retirement benefits (25 years of service and attainment of age 55). This benefit would be available for full years of service credited after January 1, 1994. Amendment Two Reducing the age from which the early retirement penalty is calculated from 60 years to 55 years of age (to coincide with the age used for normal retirement). A member must complete at least 25 years of service and have reached age 55 to be eligible for a normal retire- ment benefit. His benefit will be 2 0 /o of the average of his highest three years' base salary, multiplied by years of service, not to exceed 25. Thus, the maximum benefit is 50% of salary. Once a member has com- pleted at least 30 years of service, or is at least age 50, he is eligible for an early retirement. His benefits will be those described above for normal retirement, reduced by one -half of one percent per month for each month the member is less than age 60. If the average of a member's highest three years' base salary is $30,000, with 25 years' service (at age 55) the member's benefit would be: $30,000 x 2 %b x 25= $15,000 per year. With 27 years' service at age 57, a member would receive the same benefit, since the maximum number of years that may be used in the calculation is 25. The member has completed 25 years of service, and the average of his three highest years' base salary is $30,000, and he chooses an early retirement pension would be $15,000 (the normal pension) minus 1/2% per month for eight years, (1/2% x 96 months x $15,000= $7,200 reduction), for an annual benefit of $7,800. While the member in the previous example would receive the same benefit at age 55 with 25 years of service, the member with 27 years of service and age 57 would receive a greater benefit, calculated as follows: $30,000 x 2% x 27= $16,200 per year ($1,200 increase over benefit under current plan). The member in the previous example would receive a greater benefit, since his early retirement reduction would be less. His benefit at age 52 with 25 years of service would be: $15,000 (the normal pension) minus 1/2% per month for three years (1/2% x 35 months x $15,000 = $2,700 reduction), for an annual benefit of $12,300 - an increase of $4,500 per year over the previous example. 0.000% (No Cost) 0.169% Amendment One ❑ YES ❑ NO Amendment Two ❑ YES ❑ NO Amendment Three Allowing a - pop -up benefit for a re£red member who has selected an "Option 1" or 'Option 2 joint and survt,or benefit to cover a beneficiary . If the beneficiary predeceases the member and the member does not designate an alternative beneficiary. then the benefits would "pop -up" or revert to the full unreduced retirement benefit. This provision applies to all types of retirements -- early, deferred, vested and normal. Amendment Four Reducing the current 10 -year vesting requirement to five years. Amendment Five Alters benefits available when a vested retiree dies prior to the commencement of his benefit. Would provide survivor benefits equal to the greater of a refund of the member's contributions, or a 1005; survivor annuity beginning when the member would have attained age 55. Member receives the same reduced (Option 1 or 2) 1 benefit amount. even if his designated beneficiary dies first A member who terminates with 10 or more years of service may elect a vested retirement. A member with less than 10 years of service has only the option of taking a refund of his contributions, plus 5:% as interest. If a member chooses to take a vested retirement and dies before actually drawing the benefit, his estate would receive any money remaining in the member's SRA account, as well as a refund of contributions (w,,thout interest). A member is age 55, has a 53- yea -old beneficiary (spouse), and a normal retirement of S15.000 per year- Under Option 1, the reduction factor would be 86 46'0, which would provide a benefit to both the member l i and his survivor (after his death) of 512,969 per yer_ If his beneficiary dies first, the member would continue to receive the reduced benefit of 512,969, in spite of the fact that no survivor benefits would ever be paid. A member who had 10 years of service and an average three highest years' base salary of $30,000 would receive a benefit of: 530,000 x 2% x 10 = S6,000 per year payable at age 55. He would also then have immediate access to the balance in his SRA account. A member with less than 10 years of service could only get a refund of his contributions (plus 5% as interest), and would forfeit his rights to the balance in his SRA account. Regardless of what the member's vested benefit would have been, his estate receives only the funds in his SRA, plus a refund of his contributions The same member in the previous example would have his bene €t Increar,ed from S12,969 rack to the unr dj ced benefit of $15.000 in the e :e ^t tat desig- nated beneficiary was to die before him With the pro- posed change, a member is only - paying" for the survivor benefit by ta4'ng less during his lifetime as long as there is a bene'-ciary alive to collect the benefit after his death. A member with five or more years of service could elect a vested retirement. A member who had an average three years' highest base salary of 530,000 would receive a benefit of: S30,000 x 2% x 5 =$3,000 per year, payable at age 55. He would also then have immediate access to the balance in his SRA account. A member whc has com- pleted 14 years of service and has an average three years highest base salary of S30,000 would be eligible for a vested benefit of $30,000 x 2% x 14 = S8.-100 per year, payable at age 55. If he died prior to drawing the benefit, the following would be paid the greater cf (1) a refund of his contrbubons to his estate or (2) a 100 survivor benefit (of 57.263 per year if spouse was'wc years younger), payable when the member would have reached age 55 In ether case, any 1' money remaining in the member's SRA account is paid out to the estate. 0.2395ti I Amendment Three I YES N 0 0.049% Amendment Four YES NO 0052% Amendment Five YES NO M E M O R A N D U M TO: Tom Jagger, City Attorney FROM: Steve Bolton, Civil Service Administrator -A e DATE: July 14, 1993 RE: FPPA Statewide New Hire Pension Plan Modification Election Enclosed are the certified results of the recent FPPA retirement plan modification elections. Separate results have been tallied for both the Police and Fire "New Hire" member groups. As you are aware, the Civil Service Commission has been charged with certifying the results of the member elections and the employer vote (i.e. City of Pueblo) on or before July 30, 1993 to FPPA. Please provide me with the results of the employer vote (as soon as it is possible to do so) so I may forward it (and the member elections vote) to FPPA on or before the deadline date. Thanks. POLICE MEMBERS EMPLOYER'S CERTIFICATION OF MEMBER ELECTION RESULTS This certification concerns the member election conducted by Civil Service Commission City of Pueblo (Insert Name of Employer) regarding proposed modifications to the pension benefits and the age and service requirements for pension benefits as set forth in Fire and Police Pension Association Board of Directors Resolution No. 1 -1993. Those persons voting in the election are members of the statewide defined benefit plan provided in part 10, article 30, title 31, Colorado Revised Statutes, as amended. The undersigned certifies that he /she is an authorized representative of the employer named above and further certifies as follows: (i) The results of the vote by the members of the statewide defined benefit plan who are employees of the employer named above are as follows: Votes For Votes Against (including eligi- ble members who failed to vote) Amendment One 43 28 Amendment Two 43 28 Amendment Three 42 29 Amendment Four 40 31 Amendment Five 41 30 (ii) Attached hereto is a roster of those members who received ballots to vote for or against the proposed modifications, along with the signatures of those members who actually submitted ballots. (iii) To the best of the employer's knowledge, all eligible members timely received a copy of the language of the proposed plan modifications, a plain language summary of the proposed plan modifications including the proportionate amount of current contributions necessary to fund the modifications, and a member election ballot. (iv) The election was conducted in a fair and impartial manner. Date: July l.3 1993. State of Colorado 1 County of b � ss. POLICE MEMBERS *6 atfre of Authorize epresentative Vice - Chairman, Civil Service Commis Title City of Pueblo Employer The foregoing certification was acknowledged before me this 12 day of ,1993, by Robert L. Hawkins WITNESS my hand and official seal. Notary Putic My commission expires: /d - FIRE MEMBERS EMPLOYER'S CERTIFICATION OF MEMBER ELECTION RESULTS This certification concerns the member election conducted by Civil Service Commission City of Pueblo (Insert Name of Employer) regarding proposed modifications to the pension benefits and the age and service requirements for pension benefits as set forth in Fire and Police Pension Association Board of Directors Resolution No. 1 -1993. Those persons voting in the election are members of the statewide defined benefit plan provided in part 10, article 30, title 31, Colorado Revised Statutes, as amended. The undersigned certifies that he /she is an authorized representative of the employer named above and further certifies as follows: (i) The results of the vote by the members of the statewide defined benefit plan who are employees of the employer named above are as follows: Votes For Votes Against (including eligi- ble members who failed to vote) Amendment One 43 26 Amendment Two 31 3 8 Amendment Three 37 32 Amendment Four 23 4 6 Amendment Five 37 32 (ii) Attached hereto is a roster of those members who received ballots to vote for or against the proposed modifications, along with the signatures of those members who actually submitted ballots. (iii) To the best of the employer's knowledge, all eligible members timely received a copy of the language of the proposed plan modifications, a plain language summary of the proposed plan modifications including the proportionate amount of current contributions necessary to fund the modifications, and a member election ballot. (iv) The election was conducted in a fair and impartial manner. FIRE MEMBERS Date: Julv 13 , 1993. na re of Authorized Representative Vice - Chairman, Civil Service Commiss Title City of Pueblo Employer State of Colorado ss. County of _ / / C) ) -ce The foregoing certification was acknowledged before me this day of u ,1993, by Robert L. Hawkins WITNESS my hand and official seal. J Notary P61blic My commission expires: /D - 51 -ZZ