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2022-060 – Approving an Agreement with the Paris Firefighters’ Relief and Retirement Fund Pertaining to the General Obligation Pension Bonds, Taxable Series 2022 2022-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AN AGREEMENT WITH THE PARIS FIREFIGHTERS' RELIEF AND RETIREMENT FUND PERTAINING TO THE CITY OF PARIS, TEXAS, GENERAL OBLIGATION PENSION BONDS, TAXABLE SERIES 2022; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the date hereof, the City Council of the City (the "Council") adopted an ordinance authorizing the issuance of the City of Paris,Texas, General Obligation Pension Bonds, Taxable Series 2022 (the `Bonds") pursuant to Chapter 107, Texas Local Government Code ("Chapter l OT'), for the purpose of funding all or any part of the unfunded, accrued liability of the City to the Paris Firefighters' Relief and Retirement Fund (the "PFRRF"), as determined by actuarial analysis (the"Unfunded Liability"); and WHEREAS, Section 107.003, Texas Local Government Code, requires that the Council enter into a written agreement with the Board of Trustees of the PFRRF (the `Board"), which is the governing body of the PFRRF,which written agreement(the"Pension Obligation Agreement") must state the amount of the Unfunded Liability and the date or dates on which the PFRRF will accept the net proceeds of the Bonds to be issued in payment of all or a portion of the Unfunded Liability; and WHEREAS, the Council desires to enter into the Pension Obligation Agreement in compliance with Chapter 107 and in connection with the issuance of the Bonds; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. The recitals set forth in the preamble of this Resolution are true and correct in all material respects. Section 2. The Council hereby approves the Pension Obligation Agreement by and between the City and the Board in substantially the form attached hereto as Exhibit A. The Mayor is hereby authorized to execute the Pension Obligation Agreement and the City Clerk may attest such signature. Section 3. It is hereby found, determined, and declared that sufficient written notice of the date, hour, place, and subject of this meeting of the Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Act, Chapter 551,Texas Government Code,and that this meeting has been open to the public as required by law at all times during which this Resolution and the subject matter thereof has been discussed, considered and formally acted upon. Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS at a regular meeting on the 8th day of August, 2022. ATTEST: CITY OF PARIS, TEXAS ``�\1111111111////�'/ `��o��G1TY pF,o9,,�� .,` 9:. . '�:� .`P� ¢� - � � J ce lis, City Clerk=, '• . ��r,,;� Paula Portugal,Mayor ���''��., PAFtIS, �.��`'��` '��,,,���„���u��• AGREEMENT REGARDING CITY PENSION OBLIGATION BONDS This AGREEMENT REGARDING CITY PENSION OBLIGATION BONDS (this ("Agreement")is entered into by and between the City Council (the "Council") of the City of Paris, Texas (the "City") and the Board of Trustees (the "Board") of the Paris Firefighters' Relief and Retirement Fund, a public retirement system and a municipal retirement plan (the "Fund" ar the "Plan") created by the City, and will be effective for all purposes as of the date this Agreement is signed by the latter party to do so below ("Effective Date"). WHEREAS, City records indicate that the Fund was created in 1941; and WHEREAS, the Fund as currently constituted was amended and restated as of January 1, 2019 (the "2019 Plan), which Plan is attached hereto as Exhibit A; and WHEREAS, pursuant to City Ordinance No. adopted on August 8, 2022, the Council has authorized the City to issue its City of Paris,Texas,General Obligation Pension Bonds, Taa�able Series 2022 (the `Bonds") pursuant to Chapter 107 of the Texas Local Government Code ("Chapter 107") for the purpose of funding all or any part of the unfunded, accrued liability of the City to the Fund, as determined by actuarial analysis (the "Unfunded Liabiliry"); and WHEREAS, at present, the beneficiaries of the Fund are the City's Firefighters, their Spouses (as such terms are defined in the Plan) and such other persons who are entitled to benefits by the terms of the Plan as of the Effective Date (collectively the"2022 Fund Beneficiaries"); and WHEREAS,upon the issuance of the Bonds,both the City and the Board desire to preserve the vested rights solely of and for the 2022 Fund Beneficiaries in the Fund, but to simultaneously transition all current and future Firefighters into the Texas Municipal Retirement System ("TMRS") for participation thereafter in TMRS on the same basis as all other City employees who participate in TMRS; and WHEREAS, to effectuate the immediately preceding recital, the Board has revised the Plan to implement said objective, and the amended and restated Plan (the "2022 Plan") has been approved by a vote of the City Firefighters as required by Section 7 of Vernon's Ann.Texas Civ.St. Art. 6243e, as amended, the Texas Local Fire Fighters Retirement Act (the "Act") and all prerequisites of the Act for the Board to amend the Plan to change the benefits or eligibility requirements for benefits payable from the Plan have been met, including the approval of the 2022 Plan by Definiti LLC, which is eligible actuary pursuant to the Act selected by the Board; and WHEREAS, the 2022 Plan provides that it shall be effective only upon the funding by the City of the Unfunded Liability; and WAEREAS, pursuant to City Ordinance No. adopted on August 8, 2022, the Council has approved the 2022 Plan and provided for it to be implemented only upon the funding by the City of the Unfunded Liability; and WHEREAS, Chapter 107, Section 107.003 ("Section 107.003") requires that, before authorizing the issuance and delivery of the Bonds, the governing body of the City must enter into a written agreement with the governing body of the public retirement system that has (i) fiduciary responsibility for assets of the public pension fund that are to receive the net proceeds of the obligations to be issued and (ii) the duty to oversee the investment and expenditure of the assets of the public pension fund, w�hich written agreement "must state the amount of the unfunded liability and the date or dates on which the public pension fund will accept the net proceeds of the obligations to be issued in payment of all or a portion of the unfunded liability"; NOW THEREFORE, the Council and the Board enter into this Agreement pursuant to Section 107.003, as follows: 1. The Board certifies that: (a) The Fund is municipal retirement plan qualified under section 401(a)of the Internal Revenue Code of 1986, as amended (the "IRC"), to provide Retirement, Disability and Death Income Benefit to provide periodic income to Firefighters and survivors during retirement, disability or death; and (b) The Fund is not: (i) a program that provides only workers' compensation benefits; (ii) a program administered by the federal government; (iii) a plan described by IRC Section 401(d); (iv) an individual retirement account consisting of an annuity contract described by IRC Section 403(b); (v) an individual retirement account as defined by IRC Section 408(a); (vi) an individual retirement annuity as defined by IRC Section 408(b); (vii) an eligible deferred compensation plan as defined by IRC Section 457(b); or (viii) a program for which benefits are administered by a life insurance company or for which the only funding agency is a life insurance company. 2. The Council and the Board acknowledge and agee that the City has an Unfunded Liability owing to Fund in the amount of$12,150,000.00 as of the July 14, 2022 actuarial valuation (the "2022 UAAL"). 3. The Council acknowledges and agrees that: (a) this 2022 UAAL calculation was done by the Board's consulting actuaries, Definiti LLC; (b) the full actuarial valuation report is attached hereto as Exhibit B; (c) the City has requested to make a lump sum employer contribution to the Fund in the amount of$12,150,000.00 to fund the 2022 UAAL from proceeds of the Bonds on the closing date of the Bonds, which shall be on or before September 8, 2022; (d) the deposit of $12,150,000.00 pursuant to paragraph 3(c) above equals the 2022 UAAL. (e) upon the issuance of the Bonds and the funding of the 2022 UAAL, the City will move all current Firefighters into the TMRS retirement program while preserving the vested rights in the Fund of the 2022 Fund Beneficiaries: (� following the events described in Section 3(e) above, the City will (i) continue to honor its funding obligations pursuant to the requirements of the Fund to the 2022 Fund Beneficiaries and (ii) make provision for all current and future Firefighters to participate in TMRS on the same basis as other City employees who participate in TMRS; and (g) the City will issue the Bonds and provide for the payment of the debt service on the Bonds. 4. The Board acknowledges and agrees that: (a) the Board agrees to accept the deposit set forth in paragraph 3(c) above when made; (b) the Board has fiduciary responsibility for the assets of Fund and has the duty to oversee the investment and expenditure of the assets of Fund; (c) the Board agrees that such deposit, when made, shall be applied to the City's 2022 UAAL as determined in the annual actuarial valuation performed by the City's actuary; (d) following the events described in Section 3(e) above, no further increases or substantive changes may be made to the Fund, and only the 2022 Fund Beneficiaries shall be entitled to any portion of the benefits of the Fund, in effect "freezing" the Fund for the 2022 Fund Beneficiaries and foreclosing the Fund to any new participants not already provided for under the Fund; and (e) upon final payout to the last person qualifying as a 2022 Fund Beneficiary, any remaining amounts in the Fund shall be allocated in accordance with applicable State law. 5. This Agreement may be amended only by a written instrument executed by the parties hereto. This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same agreement. SIGNATURE PAGE TO FOLLOW IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) set forth opposite the signatures of their authorized representatives to be effective for all purposes on the Effective Date. CITY COUNCIL BOARD OF TRUSTEES OF THE CITY OF PARIS, TEXAS OF THE PARIS FIREFIGHTERS' RELIEF AND RETIREMENT FUND By: By: Name: Paula Portugal Name: Title: Mayor Title: Chairman Date: , 2022 Date: , 2022 :] D E F I N I T I 2201 Timberloch Place, Suite 150 1 (800)822-4026 The Woodlands, TX 77380 definiti.com July 14, 2022 Mr. Bob Rast 144 N. Main St., Box 300 Paris, TX 75460-2652 Re: Freezing the Firefighter's Relief& Retirement Fund Dear Bob, This letter contains actuarial estimates of the Unfunded Actuarial Accrued Liability(UAAL)assuming the plan is frozen effective June 30, 2022 based on the draft amendment provided by ERISA counsel and replaces the results provided May 16, 2022. These estimates are part of the Board's considerations regarding the potential transition of the Paris Firefighters from the existing Texas Local Firefighters Retirement Act (TLFFRA) Fund to the Texas Municipal Retirement System (TMRS). However, there are other legal and administrative issues that the Board will need to consider that are beyond the scope of the actuarial information contained herein. Current Situation Paris firefighters currently contribute 16% of pay and accrue benefits in the Paris Firefighter's Relief& Retirement Fund ("Fund"). The Fund has a number of challenges including low funded status, high member contributions, and relatively low benefits compared to other TLFFRA Funds. City of Paris Strategy Based on discussions with the City of Paris management, they are aware of the situation. Rather than funnel a considerable amount of money into the Fund and continue with the separate TLFFRA Fund, the City wants to work with the Board and its members to freeze the benefits in the existing Fund, and transition future benefits to the Texas Municipal Retirement System (TMRS)where other City employees earn their retirement benefits. That is, the retirement benefit in the Fund would be frozen at current levels for active members and future retirement benefits would begin to be earned in TMRS. Since member contributions would cease, the City will be responsible for the existing Unfunded Actuarial Accrued Liability (UAAL). The City intends to improve the funded status by issuing a pension obligation bond and depositing the proceeds into the Fund's trust. We estimated the June 30, 2022 UAAL at several discount rates. 6/30/2022 7.25% 6.75% AAL $15,500,QOQ $16,34Q,Q.00; MVA $4,150,000 $4,150,000 UAAL $11,350,000 $12,150,000 Bob Rast July 14, 2022 Due to the importance of these measurement results,the Board provided updated census data as of June 30, 2022. Because the benefits will be frozen,the AAL is based on the Unit Credit Cost method that measures the actuarial present value of the accrued benefits (PVAB)as of the valuation date (AAL = PVAB). The Unit Credit cost method is more appropriate for frozen plans than the Entry Age Normal cost method that has been used for long term funding policy measures in the past. Given the current economic environment, most investment firms are expecting lower pension returns over the next 5-10 years. tn addition, frozen pension funds often shift the allocation away from higher returning equities to fixed income as the plan population shifts from active and retired members to a plan that eventually only covers retirees. Based on these two considerations, we were asked to also provide the UAAL measurements at a lower discount rate to illustrate the sensitivity of results of this important assumption and how the cost could increase in the future due to lower market expectations or changes in the asset allocation. While these are long-term estimates, the financial markets have been very volatile this year, so the UAAL could be materially higher or lower than $11.35 million at the point when the proceeds from the pension obligation bond are deposited.As of now,the effective date of the plan amendment is expected to be October 1, 2022. At that time, the AAL, using the 7.25% discount rate, is projected to be approximately $15,750,000 or about$250 thousand higher.At that time, the assets could be higher or lower than the June 30, 2022 value of$4.150 million. While there is no way to precisely predict the UAAL at the time the bond proceeds are deposited, that volatility in the UAAL measurement will exist in the future as well. That is, the actual long-term cost of the Fund won't be known until the last participant passes away, but these estimates should provide the City with the actuarial information needed to determine the size of the bond issuance. Summary of Plan Changes In addition to freezing the benefit as of June 30, 2022, there were a few other changes made to the plan provisions that are listed below: ... Benefits earned in the Fund will be fully vested. ... Since service is frozen, Normal Retirement Age will change from age 55 with 20 years of service to age 55. Since all members were hired before age 35, this doesn't result in earlier eligibility, but rather addresses the fact that most active members will never reach 20 years of service. ... The Early Retirement Eligibility, Rule of 80,will be limited to those that already have 20 years of service as of the effective date of the amendment. ... Going forward, members will be eligible for in-service distributions once they reach retirement eligibility rather than having to terminate. That is, they can start their benefit at age 55 even if they haven't terminated employment yet. ... Since members can commence their benefit at age 55, eligibility for the DROP was frozen to those currently eligible as of the effective date of the plan freeze. ... The pre-retirement death benefit will be based on the frozen benefit without the minimum benefit based on 20 years of service. ... The disability benefit was reduced to the TLFFRA minimum of$1,200 per year until the member reaches age 55,then it reverts to the frozen benefit. ... Active members cease making contributions to the Fund. 2 Bob Rast July 14, 2022 Plan Administration Administration of the plan will continue until all benefits are paid. Retirees shouldn't notice any difference, but current active members will eventually receive a benefit from the Fund as well as TMRS. Employees hired after the effective date will only receive a retirement benefit from TMRS. Measurement Basis for the Plan Freeze ... Results based on discount rates of 6.75°/a and 7.25% are provided ... The mortality projection scale was updated from the MP-2018 to the ultimate rates from MP-2021 ... Active members are assumed to retire at age 55, or current age if older ... Except for the changes mentioned above, all other assumptions are the same as shown in the 12/31/2020 actuarial report. ... The cost method was changed from Entry Age Normal (EAN)to Unit Credit. The Unit Credit cost method measures the actuarial present value of the accrued benefit rather than allocating the ultimate projected cost(including expected future service) levelly over a member's career as the EAN method does, so it is more appropriate for frozen plans when no additional benefits will be earned. ... Census data was based on member data as of June 30, 2022 as provided by the Board. The new data had 51 active members, 11 deferred vested, and 40 retirees/beneficiaries. ... The changes to the plan provisions were described above.Any plan provision not mentioned herein is the same as described in the 2020 actuarial report. Except for the most senior active members, the active members' accumulated contributions exceed the actuarial present value of accrued benefits(PVAB). Over time, the PVAB will increase as the members approach retirement(less discounting), but the accumulated contributions will not grow in value. These estimates assumed the changes being made would not result in a mass exodus of the active member population. Since the TMRS benefits will provide higher benefits at a lower member contribution rate,this is a reasonable assumption. However, if all active members below age 50 were to immediately terminate and take a refund of contributions, then the PVAB/AAL would increase by$1.2 million. Over time, the PVAB based on the underlying assumptions will increase, and the$1.2 million difference will gradually decrease. Closing The information contained in this analysis is intended to assist the Board in its discussions with the City of Paris on this important topic. As noted at the beginning,this is not a comprehensive summary of everything the Board will need to consider, and we recommend continuing discussions with the Fund's attorney. If you have any questions about this analysis, I'm happy to meet with you at your earliest convenience. Best regards, � � �/C'�__�.��" -'"�l David A. Sawyer, FSA EA FCA MAAA Senior Consulting Actuary 3