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HomeMy WebLinkAbout07 AUTHORIZATION TO ESTABLISH A SUPPLEMENTAL PENSION TRUST WITH THE PUBLC AGENCY RETIREMENT SERVICE (PARS)AGENDA REPOR MEETING DATE: APRIL 18, 2017 TO: JEFFREY C. PARKER, CITY MANAGER Agenda Item Reviewed: City Manager Finance Direc FROM: JOHN BUCHANAN, ACTING FINANCE DIRECTOR JENNY LEISZ, DEPUTY DIRECTOR -FINANCIAL SERVICES 7 SUBJECT: AUTHORIZATION TO ESTABLISH A SUPPLEMENTAL PENSION TRUST WITH THE PUBLIC AGENCY RETIREMENT SERVICE (PARS) SUMMARY: The City is actively pursuing various solutions to reduce the unfunded liability for employee pensions with CalPERS and for retiree medical benefits. One alternative is to establish a Section 115 Trust which could be used to pre -fund pension and retiree health care obligations. RECOMMENDATION: Adopt the Resolution authorizing participation in the PARS Post -Employment Benefits Trust Program to be administered by Public Agency Retirement Services (PARS) and U.S. Bank, appointing the City Manager, or his/her successor or his/her designee, as the City's Plan Administrator, and authorizing the City Manager to execute the documents to implement the Program. FISCAL IMPACT: Dollar amount of future appropriation to fund the trust to be determined. While these trust funds must be dedicated toward pension obligations, they serve multiple purposes such as: 1. Act as a reserve fund to offset potential volatility in CalPERS annual contribution or rate requirements 2. Allow more control and flexibility in investment allocations 3. Realize higher investment returns than by maintaining monies within the City's portfolio which is restricted by State regulations to investing in fixed income instruments 4. Diversifies investments in pension and retiree medical trusts 5. Act as set-aside and available for use in reducing the City's pension obligations 6. Solidifies the City's AA credit rating by demonstrating proactive action in meeting pension obligations BACKGROUND: The City of Tustin participates in two pension trusts with the California Public Employees' Retirement System (CaIPERS): one to fund public safety employees and one for SUPPLEMENTAL PENSION TRUST PARS APRIL 18, 2017 Page 2 miscellaneous employees. The trusts are funded by employer and employee contributions and by investment earnings on those contributions. In order to reach necessary funding levels to pay employee pensions, CaIPERS establishes a set of actuarial assumptions to achieve those levels. To address the net pension liability figure, the City's only prior option was to commit additional funds to CalPERS (in excess of its annual required contributions) to reduce its unfunded liability. However, a recent private letter ruling received by PARS from the IRS established that the City could create a separate trust to "pre -fund" its CalPERS unfunded liability. This would provide the City with an alternative to sending funds to CalPERS that will allow for greater local control over assets, investment by a professional fund management team selected and monitored by the City, with future excess contributions transferred to CalPERS at the City's discretion. To date, seventy (70) public agencies have adopted the Pension Rate Stabilization Program (PRSP) through PARS including the following cities in Orange County: Brea, Fullerton, Huntington Beach, Lake Forest, Santa Ana and Stanton. PARS has partnered with US Bank to serve as trustee and its sub -adviser, HighMark Capital Management, Inc., to provide investment management services for the program. One of the most critical assumptions in attaining full funding goals is the rate of return on investments in the trusts. CaIPERS' current annual rate of return (ROR) assumption is 7.5 percent. If the 7.5 percent rate of return is not realized, then contributions from employers and employees will have to increase. Unfortunately, this ROR has not been achieved by CaIPERS in the past two years (2.4 percent in FY 2015 and 0.6 percent in FY 2016), and the outlook from the investment community and actuaries for a 7.5 percent annual rate of return is increasingly pessimistic. In fact, the average actual rates of CalPERS returns in the table below have fallen below expectations in several time periods. Time Period Rate of Return Three Years 6.86 percent Five Years 6.77 percent Ten Years 5.08 percent Twenty Years 7.03 percent As a consequence of the above performance, a long, low interest rate environment, and movement toward a more "risk averse" portfolio, the CalPERS board has approved a plan to reduce the assumed ROR from 7.5 percent to 7.0 percent over a three-year period. The ROR will decrease as follows: in July 2017 to 7.375 percent; in July 2018 to 7.25 percent; and in July 2019 to 7.0 percent. CaIPERS' gradual decrease in the ROR assumption will result in higher contribution rates for employers and employees. This will compound future funding challenges since the two City trusts are hovering close to the ideal level of 80 percent funded. The miscellaneous group stands at 84.95 percent and the public safety group stands at 79.82 percent. As the SUPPLEMENTAL PENSION TRUST PARS APRIL 18, 2017 Page 3 ROR decreases, these funding levels will drop, placing the City further behind in meeting its pension obligations. We recommend adopting the attached resolution authorizing participation in the PARS Post - Employment Benefits Trust Program. This is the first step in a pro -active approach to stabilizing and controlling future pension costs and providing a new systematic method to pay down our existing liability. It is somewhat uncertain at this time if GASB will treat the 115 Trust as a strict offset to the Net Pension Liability under GASB 68 in the City's future financial statements. However, based on existing GASB guidance, it does appear appropriate to present this information in the notes to the financial statements. Hopefully, by the time the City's FY 2017 financial statements are issued, GASB will have clarified its position on the application of trust assets to the Net Pension Liability. ,jOny sz JaBuchanan Deputy Director - Financial Services g Finance Director Attachment: Resolution No. 17-11 PARS Agreement for Administrative Services RESOLUTION NO. 1711 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE ADOPTION OF THE PUBLIC AGENCIES POST -EMPLOYMENT BENEFITS TRUST ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS) WHEREAS, Public Agency Retirement Services (PARS) has made available the PARS Public Agencies Post -Employment Benefits Trust (the "Program") for the purpose of pre -funding pension obligations and/or OPEB obligations; and WHEREAS, the City of Tustin ("City") is eligible to participate in the Program, a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code, as amended, and the Regulations issued there under, and is a tax-exempt trust under the relevant statutory provisions of the State of California; and WHEREAS, the City's adoption and operation of the Program has no effect on any current or former employee's entitlement to post -employment benefits; and WHEREAS, the terms and conditions of post -employment benefit entitlement, if any, are governed by contracts separate from and independent of the Program; and WHEREAS, the City's funding of the Program does not, and is not intended to, create any new vested right to any benefit nor strengthen any existing vested right; and WHEREAS, the City reserves the right to make contributions, if any, to the Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council hereby adopts the PARS Public Agencies Post - Employment Benefits Trust, effective April 18, 2017; and SECTION 2. The City Council hereby appoints the City Manager, or his/her successor or his/her designee as the City's Plan Administrator for the Program; and SECTION 3. The City's Plan Administrator is hereby authorized to execute the PARS legal and administrative documents on behalf of the City and to take whatever additional actions are necessary to maintain the City's participation in the Program and to maintain compliance with any relevant regulation issued or as may be issued; Resolution No. 17-11 therefore, authorizing him/her to take whatever additional actions are required to administer the City's Program. PASSED AND ADOPTED at a regular meeting of the City Council held on the 18th day of April, 2017. DR. ALLAN BERNSTEIN Mayor ATTEST: ERICA N. RABE, City Clerk APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE } SS CITY OF TUSTIN } I, Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 17-11 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 18th day of April, 2017 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. RABE City Clerk Resolution No. 17-11 AGREEMENT FOR ADMINISTRATIVE SERVICES This agreement ("Agreement") is made this day of , 2017, between :Phase II Systems, a corporation organized and existing under the laws of the State of California, doing business as Public Agency Retirement Services and PARS (hereinafter "PARS") and the City of Tustin ("Agency"). WHEREAS, the Agency has adopted the PARS Public Agencies Post -Employment Benefits Trust for the purpose of pre -funding pension obligations and/or OPEB obligations ("Plan"), and is desirous of retaining PARS as Trust Administrator to the Trust, to provide administrative services. NOW THEREFORE, the parties agree: 1. Services. PARS will provide the services pertaining to the Plan as described in the exhibit attached hereto as "Exhibit 1A" ("Services") in a timely manner, subject to the further provisions of this Agreement. 2. Fees for Services. PARS will be compensated for performance of the Services as described in the exhibit attached hereto as "Exhibit 1 B". 3. Payment Terms. Payment for the Services will be remitted directly from Plan assets unless the Agency chooses to make payment directly to PARS. In the event that the Agency chooses to make payment directly to PARS, it shall be the responsibility of the Agency to remit payment directly to PARS based upon an invoice prepared by PARS and delivered to the Agency. If payment is not received by PARS within thirty (30) days of the invoice delivery date, the balance due shall bear interest at the rate of 1.5% per month. If payment is not received from the Agency within sixty (60) days of the invoice delivery date, payment plus accrued interest will be remitted directly from Plan assets, unless PARS has previously received written communication disputing the subject invoice that is signed by a duly authorized representative of the Agency. q. Fees for Services Beyond Scope. Fees for services beyond those specified in this Agreement will be billed to the Agency at the rates indicated in the PARS' standard fee schedule in effect at the time the services are provided and shall be payable as described in Section 3 of this Agreement. Before any such services are performed, PARS will provide the Agency with a detailed description of the services, terms, and applicable rates for such services. Such services, terms, and applicable rates shall be agreed upon in writing and executed by both parties. 5. Information Furnished to PARS. PARS will provide the Services contingent upon the Agency's providing PARS the information specified in the exhibit attached hereto as "Exhibit IC" ("Data"). It shall be the responsibility of the Agency to certify the accuracy, content and completeness of the Data so that PARS may rely on such information without further audit. It shall further be the responsibility of the Agency to deliver the Data to PARS in such a manner that allows for a reasonable amount of time for the Services to be performed Unless specified in Exhibit IA, PARS shall be under no duty to question Data received from the Agency, to compute contributions made to the Plan, to determine or inquire whether contributions are adequate to meet and discharge liabilities under the Plan, or to determine or inquire whether contributions made to the Plan are in compliance with the Plan or applicable law. In addition, PARS shall not be liable for non performance of Services to the extent such non performance is caused by or results from erroneous and/or late delivery of Data from the Agency. In the event that the Agency fails to provide Data in a complete, accurate and timely manner and pursuant to the specifications in Exhibit IC, PARS reserves the right, notwithstanding the further provisions of this Agreement, to terminate this Agreement upon no less than ninety (90) days written notice to the Agency. 6. Records. Throughout the duration of this Agreement, and for a period of five (5) years after termination of this Agreement, PARS shall provide duly authorized representatives of Agency access to all records and material relating to calculation of PARS' fees under this Agreement. Such access shall include the right to inspect, audit and reproduce such records and material and to verify reports furnished in compliance with the provisions of this Agreement. All information so obtained shall be accorded confidential treatment as provided under applicable law. 7. Confidentiality. Without the Agency's consent, PARS shall not disclose any information relating to the Plan except to duly authorized officials of the Agency, subject to applicable law, and to parties retained by PARS to perform specific services within this Agreement, The Agency shall not disclose any information relating to the Plan to individuals not employed by the Agency without the prior written consent of PARS, except as such disclosures may be required by applicable law. 8, Independent Contractor. PARS is and at all times hereunder shall be an independent contractor. As such, neither the Agency nor any of its officers, employees or agents shall have the power to control the conduct of PARS, its officers, employees or agents, except as specifically set forth and provided for herein. PARS shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. 9. Indemnification. PARS and Agency hereby indemnify each other and hold the other harmless, including their respective officers, directors, employees, agents and attorneys, from any claim, loss, demand, liability, or expense, including reasonable attorneys' fees and costs, incurred by the other as a consequence of, to the extent, PARS' or Agency's, as the case may be, negligent acts, errors or omissions with respect to the performance of their respective duties hereunder. 10. Compliance with Applicable Law. The Agency shall observe and comply with federal, state and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding the administration of the Plan. PARS shall observe and comply with federal, state and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding Plan administrative services provided under this Agreement. 11. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event any party institutes legal proceedings to enforce or interpret this Agreement, venue and jurisdiction shall be in any state court of competent jurisdiction. 12. Force Majeure. When a party's nonperformance hereunder was beyond the control and not due to the fault of the party not performing, a party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by such cause, including but not limited to: any incidence of fire, flood, acts of God, acts of terrorism or war, commandeering of material, products, plants or facilities by the federal, state or local government, or a material act or omission by the other party. 13. Ownership of Reports and Documents. The originals of all letters, documents, reports, and data produced for the purposes of this Agreement shall be delivered to, and become the property of the Agency. Copies may be made for PARS but shall not be furnished to others without written authorization from Agency. 14. Designees. The Plan Administrator of the Agency, or their designee, shall have the authority to act for and exercise any of the rights of the Agency as set forth in this Agreement, subsequent to and in accordance with the written authority granted by the Governing Body of the Agency, a copy of which writing shall be delivered to PARS. Any officer of PARS, or his or her designees, shall have the authority to act for and exercise any of the rights of PARS as set forth in this Agreement. 15. Notices. All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of the notices in person or by depositing the notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: (A) To PARS: PARS; 4350 Von Karman Avenue, Suite 100, Newport Beach, CA 92660; Attention: President (B) To Agency: City of Tustin; 300 Centennial Way, Tustin, CA 92780; Attention: City Manager Notices shall be deemed given on the date received by the addressee. 16. Term of Agreement. This Agreement shall remain in effect for the period beginning , 2017 and ending , 2020 ("Term"). This Agreement may be terminated at any time by giving thirty (30) days written notice to the other party of the intent to terminate. Absent a thirty (30) day written notice to the other party of the intent to terminate, this Agreement will continue unchanged for successive twelve month periods following the Term. 17. Amendment. This Agreement may not be amended orally, but only by a written instrument executed by the parties hereto. 18. Entire Agreement. This Agreement, including exhibits, contains the entire understanding of the parties with respect to the subject matter set forth in this Agreement. In the event a conflict arises between the parties with respect to any term, condition or provision of this Agreement, the remaining terms, conditions and provisions shall remain in full force and legal effect. No waiver of any term or condition of this Agreement by any party shall be construed by the other as a continuing waiver of such term or condition. 19. Attorneys Fees. In the event any action is taken by a party hereto to enforce the terms of this Agreement the prevailing party herein shall be entitled to receive its reasonable attorney's fees. 20. Counterparts. This Agreement may be executed in any number of counterparts, and in that event, each counterpart shall be deemed a complete original and be enforceable without reference to any other counterpart. 21. Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. 22. Effective Date. This Agreement shall be effective on the date first above written, and also shall be the date the Agreement is executed. CITY OF TUSTIN: :'. Jeffrey C. Parker TITLE: City Manager/Plan Administrator DATE: 17 "IT I� Tod Hammeras TITLE: Chief Financial Officer DATE: EXHIBIT 1A SERVICES PARS will provide the following services for the City of Tustin Public Agencies Post - Employment Benefits Trust: 1. Plan Installation Services: (A) Meeting with appropriate Agency personnel to discuss plan provisions, implementation timelines, actuarial valuation process, funding strategies, benefit communication strategies, data reporting, and submission requirements for contributions/reimbursements/distributions; (B) Providing the necessary analysis and advisory services to finalize these elements of the Plan; (C) Providing the documentation needed to establish the Plan to be reviewed and approved by Agency legal counsel. Resulting final Plan documentation must be approved by the Agency prior to the commencement of PARS Plan Administration Services outlined in Exhibit 1 A, paragraph 2 below. 2. Plan Administration Services: (A) Monitoring the receipt of Plan contributions made by the Agency to the trustee of the PARS Public Agencies Post -Employment Benefits Trust ("Trustee"), based upon information received from the Agency and the Trustee; (B) Performing periodic accounting investment activity, based upon Trustee; of Plan assets, reimbursements/distributions, and information received from the Agency and/or (C) Coordinating the processing of distribution payments pursuant to authorized direction by the Agency, and the provisions of the Plan, and, to the extent possible, based upon Agency -provided Data; (D) Coordinating actions with the Trustee as directed by the Plan Administrator within the scope this Agreement; (E) Preparing and submitting a monthly report of Plan activity to the Agency, unless directed by the Agency otherwise; (F) Preparing and submitting an annual report of Plan activity to the Agency; (G) Facilitating actuarial valuation updates and funding modifications for compliance with GASB 45175, if prefunding OPEB obligations; (H) Coordinating periodic audits of the Trust; (I) Monitoring Plan and Trust compliance with federal and state laws. 3. PARS isnot licensed to provide and does not offer tax, accounting, legal, investment or actuarial advice. EXHIBIT 1B FEES FOR SERVICES PARS will be compensated for performance of Services, as described in Exhibit lA based upon the following schedule; An annual asset fee shall be paid from Plan Assets based on the following schedule: For Plan Assets from: Annual Rate: $0 to $10,000,000 0,25% $10,000,001 to $15,000,000 0,20% $15,000,001 to $50,000,000 0.15% $50,000,001 and above 0.10% Annual rates are prorated and paid monthly. The annual asset fee shall be calculated by the following formula [Annual Rate divided by 12 (months of the year) multiplied by the Plan asset balance at the end of the month]. Trustee and Investment Management Fees are not included. EXHIBIT 1C DATA REQUIREMENTS PARS will provide the Services under this Agreement contingent upon receiving the following information: 1. Executed Legal Documents: (A) Certified Resolution (B) Adoption Agreement to the Public Agencies Post -Employment Benefits Trust (C) Trustee Investment Forms 2, Contribution — completed Contribution Transmittal Form signed by the Plan Administrator (or authorized Designee) which contains the following information: (A) Agency name (B) Contribution amount (C) Contribution date (D) Contribution method (Check, ACH, Wire) 3. Distribution —completed Payment Reimbursement/Distribution Form signed by the Plan Administrator (or authorized Designee) which contains the following information: (A) Agency name (B) Payment reimbursement/distribution amount (C) Applicable statement date (D) Copy of applicable premium, claim, statement, warrant, and/or administrative expense evidencing payment (E) Signed certification of reimbursement/distribution from the Plan Administrator (or authorized Designee) 4. Other information pertinent to the Services as reasonably requested by PARS and Actuarial Provider.