HomeMy WebLinkAbout05.a.2) CCCERA Update5
Central Contra Costa Sanitary District
October 15, 2010
TO: HONORABLE BOARD OF DIRECTORS
VIA: JAMES M. KELLY, GENERAL MANAGER
FROM: RANDALL M. MUSGRAVES, DIRECTOR OF ADMINISTRATION N"
SUBJECT: CONTRA COSTA COUNTY EMPLOYEES' RETIREMENT
ASSOCIATION (CCCERA) 10/13/2010 BOARD MEETING
Attached is a copy of the October 13, 2010 CCCERA Board meeting agenda. Items of
interest to the District are listed below.
Item #5, Penny Binder disability retirement application was approved, as planned.
Item #8, attached, is a summary of recent passed and vetoed State laws affecting the
CCCERA. Their General Counsel reviewed the impact of each.
AB 609 — Increased cap on administrative cost from 0.18% of total assets to
0.21 % of the accrued actuarial liability
AB 1354 _ Currently, if a member leaves employment and joins the service and
dies, they would only receive a deferred active payout to the beneficiary. This law now
changes the status to allow for the beneficiary/survivor to receive the member's
retirement benefit. CCCERA is not aware of any military deaths and therefore does not
anticipate this law to affect them.
AB 1743 — CCCERA has already adopted a policy requiring investors to disclose
Placement Agents. This law requires Placement Agents to register as lobbyists. The
impact to CCCERA is that the disclosure of Placement Agents will expand to all
external investment managers. CCCERA does not believe that there is any
inappropriate relationships /activities with the investment managers under contract as
there appears to be with CalPERS. A related newspaper article is attached.
AB 1987 and SB 1425 — These bills were vetoed by the Governor.
SB 1479 — This bill eliminates the possibility of double retirement benefits due to
overlapping service. It has minimal affect on CCCERA, if any, and none to the District.
Also attached is a letter from Ms. Marilynn Leedom regarding the CCCERA November
3, 2010 Board meeting, the impact of the de- pooling review, and the 2009 valuation
report.
Staff will be available to answer any questions the Board members may have regarding
the October 13, 2010 CCCERA Board agenda and meeting.
SB 1425 - As you know, this bill was vetoed by the Governor.
Also attached is a letter from Ms. Marilynn Leedom regarding the CCCERA November
3, 2010 Board meeting, the impact of the de- pooling review and the 2009 valuation
report.
This was a shorter Board agenda and meeting than most. Staff will be available to
answer any questions the Board members may have regarding the October 13, 2010
CCCERA Board agenda and meeting.
Employees'
1355 willow way
925.52
RETIREMENT BOARD MEETING
FIRST MONTHLY MEETING
9:00 a.m.
October 13, 2010
THE RETIREMENT BOARD MAY DISCUSS AND TAKE ACTION ON THE
FOLLOWING:
Pledge of Allegiance
2. Accept comments from the public.
3. Approve minutes from the September 29, 2010 meeting.
4. Routine items for October 13, 2010.
a. Approve certifications of membership.
b. Approve service and disability allowances.
c. Accept disability applications and authorize subpoenas as required.
d. Approve death benefits.
CLOSED SESSION
Retirement Association
suite 221 concord ca 94520
1.3960 fax 925.646.5747
Retirement Board Conference Room
The Willows Office Park
1355 Willow Way
Suite 221
Concord, California
** 5. The Board will go into closed session under Gov. Code Section 54957 to
consider recommendations from the Medical Advisor and/or staff regarding the
following disability retirement applications:
Member
Type Sought
Recommendation
a. Vrindavana Gwin
b. Penny Binder
Service Connected
Service Connected
Service Connected
Service Connected
6. The Board will continue in closed session under Gov. Code Section 54557 to
consider recommendations from the Medical Advisor and/or staff regarding the
disability of Linda Battles.
OPEN SESSION
The Retirement Board will provide reasonable
accommodations for persons with disabilities
planning to attend Board meetings who contact
the Retirement Office at least 24 hours before a meeting
Update from staff on IRS Letter of Determination process.
8. Legislative update from staff.
9. Consider authorizing the attendance of Board and/or staff:
a. Public Funds Summit, Opal Financial Group, January 12 — 14, 2011, Scottsdale,
AZ (potential conflict with 2011 Board meeting).
10. Miscellaneous
a. Staff Report
b. Outside Professionals' Report
c. Trustees' comments
The Retirement Board will provide reasonable
accommodations for persons with disabilities
planning to attend Board meetings who contact
the Retirement Office at least 24 hours before a meeting
MEETING DATE
OCT 13 2010
Memorandum
Date: October 5, 2010
To: Board of Retirement
Marilyn Leedom, Retirement Chief Executive Officer
Retirement Staff
From: Karen Levy, General Counsel
Subject: Legislative Update
ITEM
Below is a summary of legislation relating to the County Employees Retirement Law of 1937
( "CERL "). This summary includes 2010 legislation that has been enacted and legislation vetoed
by the Governor. For your convenience, we have included a "Status" line below each bill
summary.
AB 609 — ADMINISTRATIVE COST CAP. This bill has revised the CERL provision limiting
the cost of administering the retirement system (Govt. Code Section 31580.2) and repealed
Section 31580.3, regarding expenditure for computer software and hardware. The CERL
requires the board of retirement to annually adopt a budget covering the entire expense of
administration of the retirement system and prohibits the expense incurred in any year from
exceeding 18 basis points (18/100 of 1 %, or 0.18 %) of the total assets of the retirement system.
This bill has changed the administrative expense cap to 21 basis points (21/100 of 1 %, or 0.21 %)
of the accrued actuarial liability of the retirement system. The bill excludes computer software,
hardware and related consulting services from the administration expenses limit. The changes in
the law take effect on January 1, 2011.
Note: CERL sections 31529.9 and 31596.1 remain in effect; legal services provided by attorneys
in private practice and staff attorneys are paid from system assets; investment expenses are also a
charge against the system assets.
Status: Signed into law by the Governor.
AB 1354 — COST OF LIVING ADJUSTMENTS. Federal law regulates the provision of
pension benefits and a retirement system must meet prescribed requirements to maintain its tax
qualified status. This bill made the following changes to the CERL to comply with federal law:
AB 1354 amended section 31538 of the Government Code to further address and require
CERL systems to comply with the limits of I.R.C. Section 415. The amount payable to a
member in any limitation year, including cost -of- living adjustments, must not exceed the
limit established under Section 415(b) of the Internal Revenue Code.
CONTRA COSTA COUNTY
EMPLOYEES' RETIREMENT ASSOCIATION
1 a ) 1355 Willow Way, Suite 221, Concord, CA 94520 -5728
Telephone: (925) 521 -3960, Fax: (925) 646 -5747
Page 1
• AB 1354 added CERL section 31485.17, which provides that if a member dies while
performing qualified military service, the survivors of the member shall be entitled to any
additional benefits that would have been provided under the retirement system had the
member resumed his or her prior employment with an employer that participates in the
system and then terminated employment on account of death. (In accordance with I.R.C.
Section 401(a)(37)). It further provides that the death of a member while performing
qualified military service shall not be treated as a service - connected death or disability.
The section applies to deaths occurring on or after January 1, 2007.
Status: Signed into law by the Governor.
AB 1743 — POLITICAL REFORM ACT OF 1974: PLACEMENT AGENTS. This bill
amended Government Code Sections 7513.8, 82002, and 82039 of, and to add Sections 7513.86,
7513.87, 82025.3, 82047.3, and 86206. While these are not changes to the CERL, the bill
impacts CCCERA's Placement Agent Disclosure Policy, adopted this year as required by G.C.
Section 7513.85 and incorporating the statutory definition of "placement agent" (G.C. Sec.
7513.8). The changes, among other items, added that "an individual who is an employee,
officer, director, equityholder, partner, member, or trustee of an external manager and who
spends one -third or more of his or her time, during a calendar year, managing the securities or
assets owned, controlled, invested, or held by the external manager is not a placement agent."
(new G.C. Sec. 7513.8(d)(2)). These changes take effect on January 1, 2011. CCCERA's
Placement Agent Disclosure Policy will be reviewed and changes consistent with this new
legislation will be brought to the Board for consideration.
Status: Signed into law by the Governor.
AB 1987 — PUBLIC RETIREMENT: FINAL COMPENSATION: COMPUTATION:
RETIREES. Vetoed by the Governor on September 30, this bill would have provided that,
effective July 1, 2011, any change in compensation principally for the purpose of enhancing a
member's benefits would not be included in the calculation of a member's final compensation
for determining the pension amount. The bill would have required the board of retirement to
establish, by board regulation, an ongoing audit process to ensure that a change in a member's
compensation is not made principally for the purpose of enhancing a member's retirement
benefits. If there were a finding that compensation was paid for the principal purpose of
enhancing a member's benefit, the member or the employer would be entitled to present
evidence to the contrary. Upon receipt of sufficient evidence to the contrary, the retirement board
could reverse its determination. The bill further would have limited the calculation of a
member's final compensation to an amount not to exceed the average increase in compensation
received within the final compensation period and the 2 preceding years by employees in the
same or a related group as that member, and addressed whether certain items of pay are to be
included or excluded from final compensation. The bill also would have prohibited a person
who retires on or after January 1, 2012, from performing services for any employer covered by a
state or local retirement system until that person has been separated from service for a period of
at least 180 days.
Status: Vetoed by the Governor, with the message: "While this bill purports to address this issue
by segregating out some of the factors that have allowed pension spiking, in some instances it
CONTRA COSTA COUNTY
EMPLOYEES' RETIREMENT ASSOCIATION
1355 Willow Way, Suite 221, Concord, CA 94520 -5728
Telephone: (925) 521 -3960, Fax: (925) 646 -5747
Page 2
still allows local pension boards to determine what is ultimately counted in an employee's
pension calculation. This does not provide a consistent treatment of all employees. The taxpayers
of California deserve better. I am still hopeful that the Legislature can send me acceptable
pension reform legislation. For these reasons, I am unable to sign this bill."
SB 1479 — PUBLIC EMPLOYMENT: RETIREMENT BENEFITS: AD
An act to amend Sections 31527 and 31582 of, and to add Section 31618.5 to the Government
Code, relating to public employment. The CERL authorizes the retirement board to include
specified provisions, by regulation, with respect to the administration of benefits, including the
determination of when a person entering county employ becomes a member of the association.
Under existing law, the board may provide that a person entering county employ, on a day other
than the first day of the calendar month, becomes a member of the association on a day that
occurs no later than 6 weeks after the day that person enters county employ. This bill authorizes
the establishment of the day that a person, who enters county employ on a day other than the first
day of the calendar month, becomes a member of the association on a day that occurs no later
than 12 weeks after the day that person enters county employ. This bill also provide for the
establishment of the day upon which a member terminates service credited by the association as
a day that occurs no earlier than 12 weeks prior to the member's termination from service.
(amended CERL Section 31527(h)).
Status: Chaptered by Secretary of State - Chapter No. 158, Statutes of 2010.
SB 1425 — PUBLIC RETIREMENT: FINAL COMPENSATION: COMPUTATION:
RETIREES. Vetoed by the Governor on September 30, this bill was the companion bill to AB
1987, and would have revised the definition of "creditable compensation" for PERS and STRS,
and would have limit the calculation of a member's final compensation to an amount not to
exceed the average increase in compensation received within the final compensation period and
the 2 preceding years by employees in the same or a related group as that member.
Status: Vetoed by the Governor.
CONTRA COSTA COUNTY
{a'r M EMPLOYEES' RETIREMENT ASSOCIATION
1� 1355 Willow Way, Suite 221, Concord, CA 94520 -5728
Telephone: (925) 521 -3960, Fax: (925) 646 -5747
Page 3
http: / /www. contracostatimes .com /ci_I6317445 ?IADID= Search- www.contracostatimes.c... Page 1 of l
com
0 , , . " M
firm with Villal
The Associated Press
Posted: 10112/20/0 05:49;0; AM PDT
Updated: 10/12/2010 05:49:01 AM PDT
SACRAMENTO, Calif. —The nation's largest public
pension fund has fired an influential investment
partner following disclosure of a bribery scandal
involving three pension fund officials.
The California Public Employees' Retirement System
action Monday against Pacific Corporate Group
follows bribery allegations involving Nevada
businessman Alfred Villalobos and his Arvco Capital
Research. CalPERS didn't give a reason for
dismissing the investment firm.
Former CalPERS board member Villalobos and
former CEO Fred Buenrostro have been accused by
Attorney General Jerry Brown of setting up a system
of kickbacks ensuring that outside firms won a piece
of the fund's lucrative portfolio.
The Sacramento Bee says Pacific Corporate worked
for CalPERS for 20 years and was managing more
than $1 billion for the pension fund.
Information from: The Sacramento Bee, http: / /www
sacbee.com
Print Powered By (! ;-urma ynamics
http: / /www. contracostatimes .com /fdcp? 1286892922669 10/12/2010
Date: October 7, 2010
To: Employers,
Employee Representatives,
Other Interested Parties
From: Marilyn Leedom, Retirement Chief Executive Officer — /LI
Subject: November 3, 2010 Board meeting
Annual Actuarial Valuation for the period ending 12/31/09
Because of delays incurred as a result of the methodology used for depooling, the
presentation of our annual Actuarial Valuation will not occur as originally scheduled for
the October 13, 2010 meeting. Instead, we are scheduling this for the November 3, 2010
Board meeting.
Of particular importance at that meeting will be review of the actuary's 2009 Valuation
Report and the presentation of contribution rates effective July 1, 2011.
CCCERA's basic financial goal is to establish contributions which fully fund the system's
liabilities, and which, as a percentage of payroll, remain as level as possible for each
generation of active members. Annual actuarial valuations measure the progress toward
this goal, as well as test the adequacy of the contribution rates.
Copies of the full Valuation Report:
Will be available on Thursday, October 28, 2010 for download at www.cccera.org
for those who want to review before the meeting.
Will be provided to attendees at the meeting.
Please note that our Board is not expected to adopt contribution rates at this meeting,
but will schedule the adoption of contribution rates for the Novmeber 23, 2010 meeting.
Please join us at this meeting to learn more about this subject.
CONTRA COSTA COUNTY
EMPLOYEES RETIREMENT ASSOCIATION
1355 Willow Way, Suite 221, Concord, CA 94520 -5728
Telephone: (925) 646 -5741, Fax: (925) 646 -5747