HomeMy WebLinkAboutA002 - Letter dated March 3, 1997 to Utility Retirement Board with concerns March 3, 1997
Utility Retirement Board Chairman and Board Members :
I am writing the Utility Retirement Board to express my concern how
the "roll over" amounts were determined. It appears they were not
calculated in accordance with the motion passed by the Board and as
many members were led to believe. I am referring to those members
near age 55 and 30 years of service. The motion said that members
harmed by the change from defined benefit to defined contribution
were to be "made whole" . The person who made this motion intended
that those near age 55 and 30 years of service be given a roll over
amount that would give them the same age and years of service
benefit as the present defined benefit system subject to the
assumptions determined by the board.
I recall at two meetings of the Utility Retirement Board, City
Attorney, John Klaus, told the Board that the City has
responsibility to provide members with the retirement benefits that
were promised.
During the meetings with ICMA-RC , members were told they would get
the same benefit and in fact they would probably get more. I
specifically asked for the benefit at age 55 and 30 years of
service and was told I would get the same benefit and probably
better, but it is now clear that this was not true. The roll over
amount I was given will require working to age 65 and 40 years of
service in order to receive the same benefit I would have been able
to receive under the defined benefit plan. It is approximately
$100, 000 less than that needed to give me the same benefit as under
the defined benefit plan at age 55 and 30 years of service.
ICMA-RC also showed what my benefit would be under the existing
defined benefit plan. I took their word that the number was
correct. This number is significantly less than the correct
number. It appears that ICMA-RC intentionally deceived members in
order to get them to vote in favor of the change.
Since I was not allowed to see the calculations, instructions given
to Mammel, and the roll over amounts, it had taken me until now to
grasp what is being done. The Board secretary has refused to give
me the roll over amounts . This should be public information and
available to members so they can verify roll over amounts were
calculated properly.
I am requesting the board take corrective action to bring the roll
over amounts of the age 55 and 30 years of service members to more
closely comply with previous board action and advice of the City
Attorney. I am also requesting the City Attorney verify that this
is public information and the board make the numbers and methods
used to calculate roll over amounts available to Utility Retirement
members .
The following appears to have been done:
Current retirees and disabilities were given annuities .
Existing members who are 55 and 30 or 55 and qualify for
retirement with reduced benefit were given a roll over amount
which provides benefits from their present age to the
actuarial mortality age equal to that under the defined
benefit plan. Everyone else was given a roll over based on
the present system and retirement at age 65 regardless if they
would qualify for full benefits at some age between 55 and 65 .
This essentially changes retirement to age 65 for all present
members not yet age 55 .
The correction for being harmed was determined by looking at
defined benefit vs defined contribution at age 65 . Nothing
was done for those who would presently qualify for retirement
without penalty at age 55 with 30 years of service.
Any surplus still left was distributed based on present value.
I have the following comments based on the above description of how
funds were distributed:
1 . The current retirees are well taken care of. They are
receiving everything promised to them plus more. They will
get an annuity that covers the benefit promised when they
retired plus cost of living increases that were granted after
they retired, plus after 5 years of retirement the formula
change from 1 . 95% to 2 . 1% .
2 . The current members age 55 qualifying for retirement with or
without penalty received a benefit equal to what they were
promised plus part of the surplus . This means they are
getting more than they were promised and they have not retired
yet.
3 . Members who would qualify for 55 and 30 are getting less than
they were promised which varies depending on how close to age
55 and 30 years of service they are. In my case with
correction for being harmed at age 65( instead of 55) plus the
surplus amount, I am getting only about 66% of what I was
promised if I remained working under the defined benefit
system to age 55 and 30 . At the time of the proposed
change(July 1, 1997 ) , I will be about 2 . 9 years from 55 and
30 . Anyone close to 55 and 30 at the transition date will be
subject to a large differential of roll over amount. This
does not seem to be equitable. For my situation, this is
similar to losing 34% of your life savings .
Anyone who would have qualified for 55 and 30 and is within 5
years of retirement will probably get considerably less than
they were promised and there is not much time left to change
your plans .
4 . All other members who will not qualify for 55 and 30 are
getting 100% of what they were promised plus part of the
surplus . These people are also fully taken care of .
5 . If the distribution of funds were done equitably to not harm
the 55 and 30 people, there would not be a "surplus" . In fact
if no one were harmed, there would probably not be enough
money under the current assumptions .
The interest rate of 6 . 5% and 7 . 0& were supposed to be very
conservative. If it is increased to 7 . 5% or 8 . 5%, there may
be enough money.
By leaving the rate of return at a conservative percentage,
and if the actual yield is higher, the potential 55 and 30
people will be closer to what they were promised, but all
others will receive significantly more than promised. This
large disparity should not be allowed to happen.
6 . The distribution of surplus to active members was based on
present value and the largest amounts went to those who
qualified for 55 and 30 . They should not have had any surplus
until others not at 100% of what they were promised were made
whole.
7 . ICMA-RC benefit under the present defined benefit system
didn't include any sick leave increase or the increase to 2 . 1%
in the benefit formula after 5 years . Historically most
members have retired with unused sick leave pay added in their
calculation of average salary. Often this has been as much as
$150-$200 per month for Electric employees . Members were
mislead by ICMA-RC when comparing the benefits under the two
plans by understating the present benefit.
I propose the following solutions :
1 . Do not distribute surplus to those who are receiving 100% of
what they were promised under the defined benefit plan until
those who are receiving less than 100% reach 100% . This would
mean primarily using what is available of the one million
reserved for errors and the approximate additional one million
received over the estimate of market value to make the people
who would qualify for 55 and 30 whole.
2 . Change the interest rate to make the distribution equitable.
I have heard there is not enough money to make all members
whole. If the assumed interest rate on the 401A is increased
high enough, there will be a point where there is enough
money.
3 . Investigate purchasing an annuity for those now 55 and qualify
for either no penalty or reduced penalty instead of giving
them a roll over amount. This may be less expensive and still
give them the earned benefit while freeing money to other
active members .
4 . Do not give any surplus to current retirees until potential 55
and 30 active members are at 100% .
5 . Take everyone to retirement at age 65 and adjust interest rate
to allocate 100% of funds . This would change the benefits for
everyone regardless whether they had an earned benefit.
Instead of having winners and losers, everyone would loose
equally.
I am making the following requests of the board:
1 . Allocate any surplus not yet distributed to potential 55 and
30 people before distributing remaining surplus to other
members who are already at or over 100% and consider other
ways to make the distribution more equitable.
2 . Ask City Attorney, John Klaus , for an opinion as to whether
the methods of determining the roll over amounts and the roll
over amounts are public information; or should be available
to Utility Retirement members .
3 . I have not found anyone who has received an adequate
explanation of whether members will be able to retire at less
than age 59 . 5 and not have to take a penalty. I am requesting
the board verify this is correct and reveal if any special
procedures have to be followed. ICMA-RC told people
retirement at age 55 could be taken without penalty under the
defined contribution system.
I am including a sample calculation which shows it would take
another $100, 000 in the roll over amount to give me the same
benefit available under defined contribution as I would have
available under defined benefit .