add-on item 1I Add -on item
2 Sponsored by City Manager Mirabile
3
4 ORDINANCE No.
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6 A Ordinance of the Mayor and the City Commission of the City of South Miami,
7 Florida amending the Pension Plan providing for an amendment of Sec 16 -37
8 Powers of Board.
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10 WHEREAS, the current pension language is restrictive and outdated and,
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12 WHEREAS, it is in the best interest to provide the Pension Board with the ability to consider
13 investments that are prudent and in tune with today's investing climate.
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16 NOW, THEREFORE, IT BE ORDAINED BY THE MAYOR AND CITY COMMISSION OF
17 THE CITY OF SOUTH MIAMI, FLORIDA:
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19 Section 1
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21 That the forgoing whereas clauses are hereby ratified and confirmed as being true and correct
22 and hereby made a specific part of this ordinance upon adoption hereof.
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24 Section 2
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26 Section 16 -37 of the Code of Ordinances of the City of South Miami is hereby amended as
27 follows.
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29 Sec. 16 -37. - Powers of board.
30 The board shall have the power and authority as follows
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32 (a) in making
investments be
by F.S. 185
(e) approve
39 warrants signed by
To inter-pret
such they shall gevemed
eh. felating-to-the
33 investment
fiduciary funds, that the
be
less than
of exeept alleeatien
of assets sha4l not
34 forty (40)
in investments
The board
percent at market.
may,
invest
35 up to twenty
pereent e. -w --ts
36 (b) To perfb�
the the
the The board
delegate
acts required as administrator
ef plan. may
37 administrative
duties in its diseretieii.
38 To disbursements,
from the fund b�
(e) approve
39 warrants signed by
To inter-pret
pay elaims and authorize
the ehaintian and the secretary of the
this —1, the
payments
beatil.
is
40 (d) the
41 to
provisions of m4kle -here
meaning not elear or ambiguity
-- -1--+ ---
exists; and promulgate
neeessary rules respect,*
15 Fund management and investments.
16 (aa) The plan is hereby established pursuant to authority granted in Chapter 16 of the City
17 of South Miami Code of Ordinances as a trust fund into which shall be deposited all of the
18 assets of the plan of every kind and description.
19 (b) The actual custody and supervision of the fund shall be vested in the Board. All assets
20 of the plan may be commingled provided that accurate records are maintained at all times
21 reflecting the financial composition of the fund including accurate accounts regarding the
22 following:
23 (1) Current amounts of accumulated contributions of members both on an individual and
24 aggregate basis;
25 (2) Receipts and disbursements;
26 (3) Benefits payments;
27 (4) All contributions from the City;
28 (5) All contributions from the State of Florida pursuant to Chapter 185;
29 (6) All interest dividends gains and losses from investment;
30 (7) Such other entries as maybe required for a clear, complete financial report of the status
31 of the Fund.
32 (c) The Board shall establish a written investment policy, with the advice and counsel of
33 such advisors as the Board deems necessary, and said investment policy shall set forth the
34 types of securities and other types of investments into which shall be placed the assets of
35 the fund The policy shall further set forth appropriate limitations on those investments,
6 proper
s_
traded s
it m
have in s
sueh e
eompany
9 divest, of w
withdraw a
all publiely t
sseurities i
or holding sueb
10 january 1
1, 040 -
- o
..
Ch ... 9
Florida, n
Vring a
an), ei--vil, e
erimin
12 C
'on a
97, Laws o
of F
person may V
ker, d
direetor, or ad-
13 A
rative '
against t
the b
or any empleyee, E
to this a
aragraph
14 sueh beard b
based u
upon the d
Psl i
of an)' s
pur3uant t
15 Fund management and investments.
16 (aa) The plan is hereby established pursuant to authority granted in Chapter 16 of the City
17 of South Miami Code of Ordinances as a trust fund into which shall be deposited all of the
18 assets of the plan of every kind and description.
19 (b) The actual custody and supervision of the fund shall be vested in the Board. All assets
20 of the plan may be commingled provided that accurate records are maintained at all times
21 reflecting the financial composition of the fund including accurate accounts regarding the
22 following:
23 (1) Current amounts of accumulated contributions of members both on an individual and
24 aggregate basis;
25 (2) Receipts and disbursements;
26 (3) Benefits payments;
27 (4) All contributions from the City;
28 (5) All contributions from the State of Florida pursuant to Chapter 185;
29 (6) All interest dividends gains and losses from investment;
30 (7) Such other entries as maybe required for a clear, complete financial report of the status
31 of the Fund.
32 (c) The Board shall establish a written investment policy, with the advice and counsel of
33 such advisors as the Board deems necessary, and said investment policy shall set forth the
34 types of securities and other types of investments into which shall be placed the assets of
35 the fund The policy shall further set forth appropriate limitations on those investments,
I including but not limited to anticipated rate of return quality of investment class of
2 investment and acceptable risk The Board shall have the authority to invest and reinvest
3 the assets of the plan in such securities or uroperty, real or personal as the Board deems
4 appropriate including but not limited to:
5 (1) Bonds notes or other obligations of the United States or any of its agencies, or those
6 guaranteed by the United States or for which the credit of the United States is pledged for
7 the payment of the principal and interest or dividends thereof;
8 (2) Accounts or certificates of deposit in any bank or other financial institution
9 incorporated under the laws of the State of Florida or any national bank organized under
10 the laws of the United States or authorized to do business and situated in the State of
11 Florida to the extent that such certificates of deposit are secured by the deposits of
12 securities of the United States government;
13 (3) Notes secured by first mortgages on real property insured or guaranteed by the Federal
14 Housing Administration or the Veterans Administration;
15 (4,) Interest bearing obligations with a fixed maturity of any corporation organized under
16 the laws of the United States any state or organized territory of the United States and the
17 District of Columbia; provided that such obligations are rated by at least two nationally
18 recognized ratings services in any one of the four highest classifications approved by the
19 Comptroller of the Currency for the investment of funds of national banks or, if only one
20 nationally recognized ratings service shall rate such obliRations such ratings service must
21 have rated such obligation in any one of the four highest rating classifications as set forth
22 in this subsection;
23 (5) Bonds issued by the State of Israel;
24 (6) Real estate which maybe in the form of commingled ownership and financial
25 institutional futures listed options stock index futures which may be used under specific
26 instruction of mangers;
27 (7) Common stock preferred stock and interest- bearing obligations of domestic
28 corporations having an option to convert into common or preferred stock issued by a
29 corporation organized under the laws of the United States any State or organized territory
30 of the United States or any state or organized territory of the United States and the District
31 of Columbia.
32 (8) Index funds and collective investment funds.
33 (9) Foreign securities not to exceed 25 percent of the portfolio at market value.
34 (10) Any other investment permitted by law.
35 (d) The Board may determine the percentage of each type of investment to be held.
I (e) The Board shall be authorized to retain one of more money managers for the
2 management of property held in the plan and the Board shall convey property of the plan
3 to such money managers for investment and reinvestment in accordance with the terms of
4 this article and the investment policies established by the Board Any such money manager
5 contracting with the Board for the investment of its assets shall be deemed a fiduciary of
6 the plan.
7 (f) The Board shall have a continuing duty to observe and evaluate the performance of any
8 money manager retained by the Board The Board shall in selecting a money manager or
9 other investment counsel exercise all judgment and care in the circumstances then
10 prevailing which persons of prudence discretion and intelligence exercise in the
11 management of their own affairs.
12 (g) The Board shall require that any money manager or other agent who has custody or
13 control of any property of the plan to keep accurate and detailed accounts of all
14 investments receipts disbursements and other transactions pertaining to such Trust
15 property, and the Board shall further require that all accounts books and records pertaining
16 thereto be open for inspecting and audit at all reasonable times by the City the Board or
17 the designees.
18 (h) The Board shall also keep accurate and detailed accounts of all investments, receipts,
19 disbursements or other transactions pertaining to the Trust property and all accounts books
20 and records pertaining thereto shall be open to inspection and audit at all reasonable times
21 by the City or its desi ng ees.
22 (i)The board shall identify and publicly report any direct or indirect holdings it may have
23 in any scrutinized company, as defined in F S 6 215.473, and proceed to sell redeem
24 divest or withdraw all publicly traded securities it may have in such company beginning
25 January 1 2010 and shall thereafter be prohibited from purchasing or holding such
26 securities The divestiture of any such security must be completed by September 30 2010.
27 In accordance with Ch 2009 -97 Laws of Florida no person may bring any civil, criminal,
28 or administrative action against the board or any employee officer, director, or advisor of
29 such board based upon the divestiture of any security pursuant to this paragraph
30
31 Other Powers
32 (a) To perform the acts required as the administrator of the plan. The board may delegate
33 administrative duties in its discretion.
34 (b) To approve disbursements pay claims and authorize payments from the fund by
35 warrants signed by the chairman and the secretary of the board.
36 (c) To interpret the provisions of this article where the meaning is not clear or ambiguity
37 exists; and to promulgate necessary rules respecting the he operation of the fund or elections
38 of trustees not in conflict with the wording or clear intent of this article. In the event of
39 any conflict the provisions of Chapter 185 of the Florida Statutes shall prevail.
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(d) To authorize expenditure in connection with preliminary research technical services,
legal services and accounting services to contract for employees necessary to the general
administration of the fund and to employ legal counsel and auditors necessary to the
proper administration of the fund.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED AND ADOPTED this , day of , 2011.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer
Commissioner Harris:
Palm Beach Gardens, FL 33410
(561) 624 -3277 (561) 624 -3278 FAX
Javier Banos, Esq, Chairperson
Rita Torres, Secretary
Doug Baker
Daniel Montana
Alfredo Riverol, CPA
Kate Reilley
LaTasha Nickle
Wednesday, 02/02/2011
Hector Mirabile, City Manager
Agent for the City Commission of
The City of South Miami, Florida
6130 Sunset Drive
South Miami, FL 33143
RE: Proposed Pension Ordinance Amendment
Dear Mr. Manager:
Scott Baur, Administrator
Fran Coopersmith, Financial Advisor
Ken Harrison, Esq, Board Attorney
Larry Wilson, Actuary
Enclosed I have presented to you a proposed amendment to the Pension Ordinance of the City of
South Miami. I am respectfully requesting that you provide this amendment for the consideration of the
City Commission on their regularly scheduled meeting of March 15`'', 2011.
I apologize to you and to the Commission for the sudden and untimely request of these changes,
but the Board finds itself in a difficult situation. We are trying in the best possible fashion to administer the
Fund in these difficult times, but the current ordinance is overly restrictive in its investment parameters,
which makes our job impossible at times.
As a way of background, please note that the Pension ordinance investment guidelines were written
20 years ago. The only implemented changes have been by former Commissioner Beckman restricting fixed
income investments to 40% of the Fund and a statutory amendments allowing increased foreign
investments. We have made several requests for these changes in the past, (the most recent one in March
2010), but the implementation of these requests have been derailed due to one reason or another.
Pension Resource Centers, LLC
4360 Northlake Blvd, Suite 206 (561) 624 -3277
Palm Beach Gardens, FL 33410 (561) 624 -3278 FAX
Due to events of these past few weeks, there is a real fear in the market that there could be a
significant downturn in the Bond Market. These fears has precipitated this request, because we are
FORCED to keep 40% of our Fund in the Bond Market.
The world has changed. There are a vast amount of investment options that the Pension Board is
unable to take advantage of because they need to be expressly allowed by ordinance. For instance most
mutual funds and ETF's use stock futures to balance inflows and outflows of monies. This prohibited the
Pension from investing in them. Fixed income was restricted and there are numerous changes to that
industry that necessitate the Pension having flexibility of not only the percentage of monies invested in fixed
income but also the type of fixed income investments.
It is imperative that the Pension Board be given the ability and flexibility to snake investments
alternative investments from straight stock and bonds. 'They must have the ability to invest in alternative
investments such as convertible debt and real estate.
Wherefore, I do not only ask, but I beg of you that for the health of the plan, the benefit of the
employees and retirees, and the budgetary and general welfare of this City, that you approve these changes.
City of South Miami Pension Board of Trustees,
Sincerely,
Javier Banos, Esq, Chairperson
Pension Resource Centers, LLC 2
4360 Northlake Blvd, Suite 206 (561) 624 -3277
Palm Beach Gardens, FL 33410 (561) 624 -3278 FAX