HomeMy WebLinkAbout1991 Police and Fire Retirement System minutes FINAL OFFICIAL PROCEEDINGS OF THE BOARD OF TRUSTEES
CITY OF LANSING
POLICE AND FIRE RETIREMENT SYSTEM
Regular Meeting for April April 16, 1991
8th Floor, Conference Room Tuesday, 8 : 34 A.M.
City Hall
Lansing, Michigan
The Board of Trustees met in regular session and was called to
order by the Chairperson, Jack Cushman, at 8 : 34 A.M.
Present: Trustee Benavides, Barkyoumb, Cushman, Goodin, Kus,
Luzynski and McKane - 7
Vacant: Resignation - 1 (Trustee McKenzie)
Present: Stephen W. Duarte, Secretary; Ruby White, Lesley
Seldenright and Doug Rubley, Finance Dept. ; Melvin
McWilliams, Chief Assist. City Attorney; Ed Piloske & Lou
Klimecky, Internal Audit; David Weisenberg, Fire Dept. ;
and Kevin West
It was moved by Trustee Barkyoumb, supported by Trustee Kus that
the minutes of the regular meeting for March 19, 1991, the joint
meetings of March 19 , 1991 and March 21, 1991 and the special
meeting of March 28 , 1991, be approved. In addition, that the
minutes of the Executive Sessions of March 19 , 1991 and March 28 ,
1991, be approved as amended.
Adopted by the following vote: Unanimously.
The Secretary reported 0 new members, 0 reinstatements, 1 refund
and 0 retired. Total Membership: 552. Refunds made since the last
regular meeting amounted to $5,444 . 97 Retirement allowances paid
for the month of March, 1991, amounted to $526,796. 91 total
retirement checks printed for P&F System 380 , total retirement
checks printed for all three systems 841.
Trustee McKane arrived at 8 : 38 A.M.
Melvin McWilliams, Chief Assist. City Attorney.,,._distributed to the
Board for their review copies of his legal opinion re: Ernie
Carpenter ' s Duty Disability Application. Discussion was then held.
Trustee Benavides arrived at 8: 51 A.M.
Melvin McWilliams addressed the Board re: Ernie Carpenter' s
application touching upon such points as: 1) advising this has been
a problem due to the natu f ff''IIc�a atti P� 2 ) Medical Director
should be looked to for aninoi, 3`) view ends to be that the
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Police and Fire Retirement System
April 16 , 1991
Board determines if duty or non-duty related, and Medical Director
- whether or not the member is totally and permanently
incapacitated, 4) if Board concurs with Medical Director ' s report
can grant duty disability pension, and 5 ) if the Board chooses to
go against the Medical Director ' s opinion as to whether duty
related, it must have sufficient other evidence that the condition
of the employee does arise from employment and should indicate why
it is overriding Medical Director' s opinion on causation.
The Chairperson also distributed to the Board copies of a legal
opinion from Mr. Ronald Helveston, attorney, re: Retirement Board' s
Duty Regarding Disability Determinations, and discussion was held.
The Board and the Secretary, Mr. Duarte, agreed that in conclusion
the opinions are consistent from both attorneys in regarding that
Board determination not be arbitrary. In addition, the Chairperson
indicated that the Medical Director and City Attorney are advisors
to the Board and that the Board trustees have the right to accept
or reject their opinions.
It was moved by Trustee Barkyoumb, supported by Trustee Luzynski
that the Board agreed that it has sufficient evidence and medical
information from the doctors concerning Ernest Carpenter, Fire
Department, in order to vote on the request for a duty disability
retirement.
Adopted by the following vote: Yeas : 6 Nays: 1 (Trustee McKane)
It was moved by Trustee Luzynski, supported by Trustee Kus that the
Board approve a duty disability retirement for Ernest Carpenter,
Fire Department, effective April 17, 1991.
Adopted by the following roll call vote:
Yeas: Trustee Benavides, Cushman, Kus and Luzynski - 4
Nays: Trustee Barkyoumb, Goodin, and McKane - 3
It was moved by Trust Barkyoumb, supported by Trustee McKane that
the application for Regular Age and Service Retirement for William
T. Martin, Police Department, be approved he having qualified with
25 years 7 months service credit, age .47, effective March 28 , 1991.
Adopted by the following roll call vote:--__
Yeas: Benavides, Barkyoumb, Cushman, Goodin, Kus, Luzynski and
McKane - 7 `
Nays: None
Mr. Duarte, Secretary, advised the Board on the following Primary
Election results for Police Trustee: 81 Ballots Cast, 1 Spoiled,
and 3 unclipped ballots for a total of 81 valid ballots and only 73
signatures on the poll list. The Secretary, also, stated Gregory
C. Braun had 48 votes; Dominic V. Marcantonio 16 votes; and Mary A.
Stevens 17 votes-total 81 votes.
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Police and Fire Retirement System
April 16 , 1991
Mr. Duarte, Secretary, addressed the Board with respect to the
problems associated with election inspectors not being in
attendance of the ballots, ballot box and poll list and the
department head and members realizing the importance of the
position as Trustee to the Retirement Board.
Mr. Duarte stated that the election was out of control, the problem
was from the top down and that something needs to be done about
this situation. Also, that this Board acts as the Board of
Canvassers and that the Charter requires the Board to certify an
election if there are no problems. Discussion was held to see if
a new primary election was necessary.
It was moved by Trustee Barkyoumb, supported by Trustee Luzynski
that the Board not certify the results of the Primary Election held
April 1, 1991 thru April 4, 1991 and that another Primary Election
be rescheduled.
Adopted by the following vote: Unanimously.
Mr. Duarte, Secretary, informed the Board that the Mayor, Police
Chief, and himself would discuss the details concerning the Board
Trustee election.
Mr. McWilliams, Chief Assist. City Attorney, advised that the
election rules should be adhered to, however, the Board may set
dates for the rescheduled primary election.
It was moved by Trustee Barkyoumb, supported by Trustee McKane that
the Board approve the rescheduling of the Primary Election, for the
Police Trustee position, to begin Monday, April 29 , 1991 and, also,
that the Board approves the same election inspectors as were
appointed for the original primary election.
Adopted by the following vote: Unanimously
Trustee McKane and Trustee Benavides left the meeting at 9 : 55 A.M.
Mr. Doug Rubley distributed to the Board copies of 2 charts. One
chart re: future value calculations for fees based on 6 and 15
l '
million for National Bank of Detroit, Manufacturers National Bank
of Detroit and ANB Investment and the other chart was for comparing
the current Equity Returns. Discussion was held:
It was moved by Trustee Barkyoumb, supported by Trustee Luzynski
that the Trustees hire ANB Investment Management & Trust Company as
the Board' s index fund manager.
Adopted by the following vote: Unanimously.
Mr. Rubley advised that Mr. Hal Rossen, Prudential-Bache, was
taking a serious look at M.D. Sass, money manager, and that the
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Police and Fire Retirement System
April 16, 1991
Board would be receiving a report from him.
Mr. Rubley has stated that he and Mr. Duarte were proceeding with
the RFPQ for the search for a performance evaluation manager due to
the need to enlarge the scope of services. Mr. Duarte informed the
Trustees he would write a letter on behalf of the Board to Mr. Hal
Rossen, Prudential-Bache, informing him of this search and then
send a copy of the letter to the Board.
Mr. Rubley distributed to the Board copies of the portfolio summary
from National Bank of Detroit for funds evaluation as of April 16 ,
1991, and presented a brief overview of the transactions by the
outside money managers.
Doug apprized the Board that he would be drawing funds by the end
of May in the approximate amount of $300 ,000 from M. D. Sass,
money manager, to meet costs.
Trustee Barkyoumb left the meeting at 10: 26 A.M. and returned at
10 : 34 A.M.
Mr. Rubley suggested to the Board that we might want to bring in
our money managers in the month of June for presentations. Also,
that he will prepare a report on value managers versus growth
managers.
Public Comments - David Wisenburg, Fire Dept. , addressed the Board
asking them to remember there fiduciary responsibility as Trustees
and uphold their authority.
The Meeting Adjourned at 10 : 40 A.M.
t__ \'r QOL"D��'
Stephen W. Duarte, Secretary
Police & Fire Retirement System
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"EXECUTIVE SESSION"
BOARD OF TRUSTEES
POLICE AND FIRE RETIREMENT SYSTEM
AMENDED MINUTES
8th Floor, Conference Room March 19 , 1991
Lansing, Michigan Tuesday, 10 : 12 A.M.
The Executive Session of the Board of Trustees was called to order
by Jack Cushman, Chairperson, at 10 : 12 A.M.
Present: Board Members:
Benavides, Barkyoumb, Cushman, Goodin, Kus , and Luzynski
- 6
Absent: McKane - 1
Vacant: McKenzie - 1 (Resignation)
Present: Staff:
Stephen W. Duarte, Secretary; Ruby White, Lesley
Seldenright and Doug Rubley, Finance Dept. ; Melvin
McWilliams, Chief Assist. City Attorney; Ed Piloske,
Internal Audit
This Executive Session was held for the legal advisor, Mr. Melvin
McWilliams , Chief Assistant City Attorney to update the Board as to
the most recent action on the lawsuit by Mr. Dennis Donahue and Mr.
Daniel Isaac. The effect of Judge Houk' s ruling is to preclude the
City from enforcing the earnings reporting requirement as to them.
Mr. McWilliams advised that a few issues raised in the court case
were: violation of contract, being forced out of the Police
Department, humanitarian clause, violation of City policy, unfair
of City to say duty disability retiree can only receive 2/3 of his
annual rate of compensation, etc. Mr. McWilliams also stated that
Mr. Donahue had documented support that he had been permanently
assigned to the position of detective before applying for a duty
disability pension.
Mr. McWilliams stated that Judge Houk ruled that for the year 1988
the City had to pay back with interest the amount withheld that the
City said Mr. Donahue and Mr. Isaac had received in excess of rank
held at that time, and that Mr. Donahue and Mr. Isaac did not need
to report their earnings. The Judge' s
decision does not have any bearing on any other duty disability
retirees and when the City receives the final opinion it may be
passed on to the Council for input or appeal. The appeal period to
another court is 21 days. In addition, the transcript of Judge
Houk' s ruling is forthcoming. Mr. McWilliams did advise that the
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Police & Fire Retirement System
March 19 , 1991
Board might wish to be aware of who would be filling in for Ruby
White, Retirement Technician, in her absence.
The Executive Session closed at 10 : 40 A.M.
W.
Stephen W. Duarte, Secretary
Police & Fire Retirement System
2
"EXECUTIVE SESSION"
BOARD OF TRUSTEES
POLICE AND FIRE RETIREMENT SYSTEM
8th Floor, Conference Room March 19 , 1991
Lansing, Michigan Tuesday, 10 : 12 A.M.
The Executive Session of the Board of Trustees was called to order
by Jack Cushman, Chairperson, at 10 : 12 A.M.
Present: Board Members:
Benavides, Barkyoumb, Cushman, Goodin, Kus, and Luzynski
- 6
Absent: McKane - 1
Vacant: McKenzie - 1 (Resignation)
Present: Staff :
Stephen W. Duarte , Secretary; Ruby White, Lesley
Seldenright and Doug Rubley, Finance Dept. ; Melvin
McWilliams, Chief Assist. City Attorney; Ed Piloske,
Internal Audit
This Executive Session was held for the legal advisor, Mr. Melvin
McWilliams , Chief Assistant City Attorney to update the Board as to
the most recent action on the lawsuit by Mr. Dennis Donahue and Mr.
Daniel Isaac. The effect of Judge Houk' s ruling is to preclude the
City from enforcing the earnings reporting requirement as to them.
Mr. McWilliams advised that a few issued raised in the court case
were: violation of contract, being forced out of the Police
Department, humanitarian clause, violation of City policy, unfair
of City to say duty disability retiree can only receive 2/3 of his
annual rate of compensation, etc. Mr. McWilliams also stated that
Mr. Donahue had documented support that he had been permanently
assigned to the position of detective before applying for a duty
disability pension.
Mr. McWilliams stated that Judge Houk ruled that for the year 1988
the City had to pay back with interest the amount withheld that the
City said Mr. Donahue and Mr. Isaac had received in excess of rank
held at that time, and that Mr. Donahue and Mr. Isaac did not need
to report their earnings until they reached age 55 . The Judge ' s
decision does not have any bearing on any other duty disability
retirees and when the City receives the final opinion it may be
passed on to the Council for input or appeal. The appeal period to
another court is 21 days. In addition, the transcript of Judge
Houk' s ruling is forthcoming. Mr. McWilliams did advise that the
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Police & Fire Retirement System
March 19, 1991
Board might wish to be aware of who would be filling in for Ruby
White, Retirement Technician, in her absence.
The Executive Session closed at 10 : 40 A.M.
Stephen W. Duarte, Secretary
Police & Fire Retirement System
2
"EXECUTIVE SESSION"
BOARD OF TRUSTEES
POLICE AND FIRE RETIREMENT SYSTEM
8th Floor, Conference Room March 28 , 1991
Lansing, Michigan Thursday, 9 : 19 A.M.
The Executive Session of the Board of Trustees was called to order
by Jack Cushman, Chairperson, at 9 : 19 A.M.
Present: Board Members :
Benavides, Barkyoumb, Cushman, Goodin, Kus, and Luzynski
- 6
Absent: McKane - 1
Vacant: McKenzie - Resignation
Present: Stephen W. Duarte, Secretary; Ruby White and Lesley Ann
Seldenright, Finance Dept. ; Melvin McWilliams, Chief
Assist. City Attorney; and Ed Piloske, Internal Audit
This Executive Session was held for the legal advisor, Mr. Melvin
McWilliams, Chief Assistant City Attorney, to update the Board as
to the most recent action on the lawsuit by Mr. Dennis Donahue and
Mr. Daniel Isaac.
Mr. McWilliams informed the Board that he had received a copy of
the transcript of Judge Houk' s ruling and if any Board members
would like to read it they may come to his office. Mr. McWilliams
also advised that the appeal period has not yet been received, that
success of an appeal would be under 50% and that the Law Department
recommends not to appeal the Judge ' s decision.
Mr. McWilliams stated that Judge Houk said the Police Department
had not done anything on the humanitarian clause and that Judge
Houk had decided to have an advisory jury to assist him in making
a decision covering certain areas of the court case. Also, Mr.
McWilliams indicated that Judge Houk expressed privately that the
City had made a mistake in having a Division called "Personnel and
Training that could be perceived as paralleling the City Personnel
Department. Perhaps it needs to be emphasized further that
individuals should go to the Retirement Office for information on
disability rights and obligations.
Chairperson Cushman asked the Board would they elect not to appeal
the Donahue and Isaac case and discussion followed.
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Police & Fire Retirement System
March 28, 1991
The Executive Session closed at 9 : 42 A.M.
W '
Stephen W. Duarte, Secretary
Police & Fire Retirement System
2
OFFICIAL PROCEEDINGS OF THE BOARD OF TRUSTEES
CITY OF LANSING
POLICE AND FIRE RETIREMENT SYSTEM
Special Meeting for March March 28 , 1991
8th Floor, Conference Thursday, 8 : 07 A.M.
City Hall
Lansing, Michigan
The Board of Trustees met for a special session and was called to
order by the Chairperson, Jack Cushman, at 8 : 07 A.M.
Present: Benavides, Barkyoumb, Cushman, Goodin, Kus, Luzynski, and
McKane - 7
Absent: None
Vacant: McKenzie - Resignation
Present: Stephen W. Duarte, Secretary; Ruby White and Lesley
Seldenright, Finance Dept. ; Melvin McWilliams, Chief
Assist. City Attorney; Ed Piloske, Internal Audit; Mr. &
Mrs . Kevin West
Discussion was held concerning the report on the death of and
request for Duty Disability Retirement for Ernest Carpenter, Fire
Department.
Trustee McKane arrived at 8 : 10 A.M.
Discussion was held concerning the report from both Dr. Kelly and
Dr. Williams and the possible link between certain levels of
benzene and lymphocytic cancer. Also, questions arose as to
whether the Board must agree with the City' s Medical Director ' s
recommendation. Trustee McKane inquired as to what the charter had
to say concerning this issue and Mr. McWilliams, Chief Assist. City
Attorney, advised that per Section 22 of the Charter it allows the
Board to grant a duty disability if the Medical Director has
certified that there is a basis for it.
The Chairperson sought approval from the Board for Mr. Kevin West,
relative of Mr. Carpenter, to address the Board.
It was moved by Trustee Benavides, supported by Trustee Barkyoumb
n, at the Board approve Mr. Kevin West to address the Board at this
�d� ��ta7gp the following vote: Unanimously.
�
!1z. West--men_ioned such items as comparing certain points that Dr.
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Police and Fire Retirement System
March 28, 1991
Kelly and Dr. Williams touched upon, the correlation to benzene,
etc.
Trustee McKane stated we should uphold the constitution in
accordance with the oath of office we took to uphold the charter.
It was moved by Trustee McKane, supported by Trustee Benavides that
the Board request a written opinion from the City Attorney s Office
regarding legal the issue re: do the Police & Fire Retirement Board
members have the authority to vote against the City' s Medical
Director ' s recommendation.
Adopted by the following vote: Yeas : 6
Nays: 1 (Trustee Cushman opposes -
Felt the Board has a number
of options)
It was moved by Trustee McKane, supported by Trustee Kus that the
Board table the issue on Ernest Carpenter until the above written
opinion is received from the City Attorney' s Office.
Adopted by the following vote: Unanimously
Trustee McKane left the meeting at 8 : 55 A.M.
Mr. McWilliams stated that the Board can expect a reply by the
April 16th meeting and also indicated that Mr. Knot, City Attorney,
must also concur since this is an official opinion.
Mr. McWilliams suggested that perhaps the Board might consider
having the Medical Director use a specific type of form for
certification of her medical information to the Board.
The question arose as to whether the Trustees sat on a policy
making Board or an advisory making Board, and Mr. McWilliams, Chief
Assist. City Attorney, stated that the Police & Fire Retirement
Board was an administrative Board (administers specific policy
consistent with power giving) .
Mr. Duarte, Secretary, read to the Board the names of the persons
signing the nominating petitions for the election of Police trustee
to the Police & Fire Retirement Board advising that the names have
been compared with the active membership rolls of the Police & Fire
Retirement System and invalid signatures have been removed.
It was moved by Trustee Benavides, supported by Trustee Barkyoumb
that the Board approve the certification of valid nominating
petitions for Gregory Braun, Dominic Marcantonio and Mary Stevens
for the upcoming Primary Election to be held over the four day
period from April 1, 1991 through April 4, 1991.
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Police and Fire Retirement System
March 28 , 1991
Adopted by the following vote: Unanimously.
The Board recessed at 9 : 07 A.M. and reconvened 9 : 18 A.M.
It was moved by Trustee Goodin, supported by Trustee Luzynski that
the Board rise from the regular meeting at 9 : 19 A.M. and go into
Executive Session for the purpose of discussing the litigation on
the Donahue and Isaac case.
Adopted by the following vote: Unanimously
The Board meeting reconvened again at 9 : 41 P.M.
The Meeting Adjourned at 9 : 42 P.M.
Stephen W. Duarte, Secretary
Police & Fire Retirement System
3
OFFICIAL PROCEEDINGS OF THE BOARD OF TRUSTEES
CITY OF LANSING
POLICE AND FIRE RETIREMENT SYSTEM
Regular Meeting for March March 19 , 1991
8th Floor, Conference Room Tuesday, 8 : 38 A.M.
City Hall
Lansing, Michigan
The Board of Trustees met in regular session and was called to
order by the Chairperson, Jack Cushman, at 8 : 38 A.M.
Present: Trustee Benavides, Barkyoumb, Cushman, Goodin, Kus, and
Luzynski - 6
Absent: Trustee McKane - 1
Vacant: Trustee McKenzie - Resignation - 1
Present: Stephen W. Duarte, Secretary; Ruby White, Lesley
Seldenright and Doug Rubley, Finance Dept. ; Melvin
McWilliams, Chief Assist. City Attorney; Ed Piloske,
Internal Audit; Chuck Strahan, Gary Clevenger, John
Lance, Fire Dept. , and Mr. & Mrs. Kevin West.
It was moved by Trustee Benavides, supported by Trustee Barkyoumb
that the minutes of the February 19 , 1991, be approved.
Adopted by the following vote. Unanimously.
The Secretary reported 0 new members, 0 reinstatements, 0 refunds
and 2 retired. Total Membership: 553 . Refunds made since the last
regular meeting amounted to $ . 00 . Retirement allowances paid for
the month of February, 1991, amounted to $526 , 262 . 63 total
retirement checks printed for P&F System 380 , total retirement
checks printed for all three system 839 .
It was moved by Trustee Barkyoumb, supported by Trustee Luzynski
that the application for Regular Age and Service Retirement for
David L. Abendroth, Fire Dept. , be approved he having qualified
with 25 years 0 months service credit, age 48 , effective April 10 ,
1991, and that the Secretary make the necessary transfer of funds.
Adopted by the following roll call vote:
Yeas: Benavides, Barkyoumb, Cushman, Goodin, Kus & Luzynski-6
Nays: None
It was moved by Trustee Barkyoumb, supported by Trustee Kus that
the application foroAefylar d Service Retirement for Clement
Hufnagel, Police Dept. , a�Tlad@ae having qualified with 29
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Police & Fire Retirement System
March 19 , 1991
years 6 months service credit, age 54 , effective March 18, 1991,
and that the Secretary make the necessary transfer of funds.
Adopted by the following roll call vote:
Yeas: Benavides, Barkyoumb, Cushman, Goodin, Kus & Luzynski-6
Nays : None
A letter was distributed to the Board from Mr. Duarte, re: adoption
of policy not to transfer funds and service credits from one unit
to another as provided by the amendment of the reciprocal
retirement agreement. Mr. Duarte advised that he reviewed the
amendment for the purpose of assessing its impact on the retirement
system and the City, and recommended that the Board adopt a policy
statement that indicates that we will not participate in the
service credit transfer program. Mr. Duarte also stated that the
reason for his recommendation is that in many cases the System
would be assuming more in actuarial liabilities than will be
received in assets from the preceding unit.
It was moved by Trustee Benavides , supported by Trustee Goodin that
the Board concur with Mr. Duarte and adopt a policy statement
indicating that we not participate in the service credit transfer
program (Michigan Reciprocal Retirement Act-Act 88 , P.A. 1961) , and
that the Board direct Mr. Duarte, Secretary, to refer this item to
the City Council. In addition, it is the Board' s recommendation
for adoption of this policy.
Adopted by the following vote: Unanimously.
The Chairperson reported to the Board that he sent a letter to
Lucile Belen, Council President, informing her that Mr. James Kus
replaced Trustee John Hunnell as Police Trustee effective January
1, 1991 and is elected to a five year term of office. In addition,
advising that Trustee McKenzie had resigned from the Board due to
active military duty and that a new election will be upcoming. The
letter was received and placed on file.
Mr. Duarte informed the Board that he had sent a letter to Mr.
Richard Burgess, Duty Disability Retiree, informing him that the
Board had received his statement of earnings for calendar year 1989
and advising that according to our records he had excess earnings
in the amount of $315 . 17. According to Rule 410 -" Adjustment of
Disability Annuity" , if the total amount to be deducted exceeds
$60 . 00 , one-twelfth of said total shall be deducted out of each of
the next twelve pension checks due. Mr. Duarte ' s recommendation
was to proceed with this deduction on Mr. Burgess.
Discussion was held concerning the report on the death of and
request for Duty Disability Retirement Ernest Carpenter. The Board
reviewed the medical report from Dr. Michael Kelly, M.D. and Dr.
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Police & Fire Retirement System
March 19, 1991
Daniel Williams, M.D. (Toxicologist) and Dr. Chambers, City Medical
Director, indicated that Dr. Kelly' s report was not conclusive and
Dr. Williams report was on much firmer ground. Also, Dr. Chambers
recommended that the Trustees take a close look at the types of
studies used and not only the concluding paragraph.
Melvin McWilliams, Assist. City Attorney, advised that there were
areas to consider such as; recognize the way the charter is
written, recognize that Mr. Carpenter ' s situation has changed due
to his death, and that duty death is a more stringent standard if
arising solely and exclusively from employment with the City as
the natural and proximate result of his actual performance of duty
in the employ with the City. In addition, Melvin McWilliams
indicated that the Board was to rely on the City' s Medical
Director' s opinion with reference to the available information.
It was moved by Trustee Barkyoumb, supported by Trustee Kus that
the Board table this item until further written documentation is
received from Dr. Chamber' s, Medical Director, and that a special
meeting be held on Thursday, March 28 , 1991 at 8 : 00 A.M. in the 8th
Floor Conference Room to discuss Dr. Chamber' s recommendation.
Adopted by the following vote: Unanimously.
The Chairperson inquired about the current contract with
Prudential-Bache and would the Board appreciate having Hal Rossen
present at the presentations by the index fund managers this coming
Thursday. Mr. Duarte indicated that Hal Rossen' s area of expertise
covers : asset mix, percentage and the impact, while the index
managers area covers: total assets, how to track the S & P and the
cost.
Information was distributed to the Board on the 1991 Spring MAPERS
Conference to be held on May 19 - 21, 1991 at Shanty Creek Schuss
Mountain Resort in Bellaire, Mich. Mr. Duarte, Secretary, informed
the Board that he had approved reservations to be made for 4 double
rooms. The Chairperson asked the Trustees to inform Ms.
Seldenright, as soon as possible, if they wish to attend.
Due to the regularly scheduled Board meeting of May 21, 1991 being
in conflict with the MAPERS Conference this year the Board
rescheduled the regular meeting to be held on Wednesday, May 22,
1991, in the 8th Fl. Conference.
A list of the appointed election inspectors , for the upcoming
Police Trustee election, was distributed to the Board for their
review and approval.
It was moved by Trustee Barkyoumb, supported by Trustee Goodin that
the Board approve the following individuals as election inspectors:
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Police & Fire Retirement System
March 19, 1991
Lt. Tom Munshaw, Sgt John Assiff, Sgt, Monty Small, Sgt. Tom
Wright, Sgt. Peter Loepke and Sgt. Wendel Frever.
Adopted by the following vote: Unanimously.
Mr. McWilliams , Assistant Chief City Attorney, advised that the
Board go into executive session.
It was moved by Trustee Barkyoumb, supported by Trustee Luzynski
that the Board rise from the regular meeting at 10 : 12 P.M. and go
into Executive Session for the purpose of discussing pending
litigation on the Donahue and Isaac case.
Adopted by the following vote: Unanimously.
The Board reconvened at 10: 40 A.M.
It was moved by Trustee Benavides, supported by Trustee Luzynski
that the Board place on the agenda for the upcoming Special Board
meeting for Thursday, March 28 , 1991, the following item: review by
Chief Assistant City Attorney re: conclusion on duty disability
retiree' s income reporting.
The Meeting Adjourned at 10 : 43 P.M.
W
Stephen W. Duarte, Secretary
Police & Fire Retirement System
4
OFFICIAL PROCEEDINGS OF THE BOARI��Q F TRUSTEF�__---
CITY OF LANSING �.
POLICE AND FIRE RETIREMENT MSMN 9 02
Regular Meeting for February February 19 , 1991
8th Floor, Conference Room Thursday 8 : 31 A.M.
City Hall
Lansing, Michigan
The Board of Trustees met in regular session and was called to
order by the Chairperson, Jack Cushman, at 8 : 31 A.M.
Present: Trustee Barkyoumb, Cushman, Goodin, Kus , Luzynski &
McKane - 6
R
Absent: Trustee Benavides - 1
Resignation: Trustee McKenzie - 1
Present: Stephen W. Duarte, Secretary; Ruby White, Lesley
Seldenright and Doug Rubley, Finance Dept. ; Melvin
McWilliams, Chief Assist. City Attorney; and Ed Piloske,
Internal Audit.
It was moved by Trustee Luzynski, supported by Trustee Kus that the
minutes of January 15, 1991, be approved.
Adopted by the following vote Unanimously.
The Secretary reported 5 new members , 0 reinstatements, 1 refund
and 1 retired. Total Membership: 556. Refunds made since the last
regular meeting amounted to $8 , 146 .70 (Randall Gamel, Fire Dept. ) .
Retirement allowances paid for the month of January, 1991, amounted
to $520 ,396 . 25 total retirement checks printed for P & F System
380, total retirement checks printed for all three systems 837.
It was moved by Trustee Barkyoumb, supported by Trustee McKane that
the application for Regular Age and Service Retirement for Robert
O'Brien, Fire Dept. , be approved he having qualified. with 25 years
2 months service credit, retirement effective February 5 , 1991, and
that the Secretary make the necessary transfer of funds.
Adopted by the following roll call vote:
Yeas : Barkyoumb, Cushman, Goodin, Kus , Luzynski & McKane - 6
Nays: None
Mr. Duarte, Secretary, advised the Board concerning the request for
Duty Disability Retirement for Ernest L. Carpenter, Fire
Department, stating that he had spoken with Dr. Chambers, Medical
Director, requesting that her office due a personal review and
complete medical case analysis for Mr . Carpenter.
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Police and Fire Retirement System
February 19, 1991
Mr. Duarte, Secretary, informed the Board that he had received a
letter from Trustee Russell McKenzie advising the Board that he is
resigning as Police Trustee to the Board due to his extended active
military duty with the U. S . Navy.
It was moved by Trustee McKane, supported by Trustee Luzynski that
the Board accept the resignation of Trustee McKenzie as Police
Trustee to the Police and Fire Retirement System with great regret.
Adopted by the following vote: Unanimously.
The Board requested that preparations begin for a new election to
fill Russ McKenzie ' s vacancy, as Police Trustee on the Police & Fire
Retirement System. vacancy,
Trustee Kus stated that he needed information concerning the
Contingency Fund and Mr. Duarte used the chalk board to quickly
review how the Contingency Fund might be used to help pre-fund
health care . Mr. Duarte stated he would personally take a little
time with Trustee Kus to further explain how this fund could be
used. Also, Mr. Duarte advised that he had just recommended to the
Mayor to proceed with prefunding, and will again refer to Council.
Trustee McKane apprised the Board that he wished it to go on record
that he still supports the issue of prefunding of health care.
Trustee Luzynski inquired what happens when a retiree turns 65 and
for some reason does not sign up for medicare. Ms . White,
Retirement Technician, indicated that sometimes these bills do not
get paid, in a timely fashion, as it takes a period of time to
straighten out such medical bills. Ms. White, also, explained that
this is explained to employees at the time of retirement, and a
notification is sent by Blue Cross when the retiree is age 64.
Chairperson Cushman stated that he had received a letter from
Council President Lucile Belen advising that Tony Benavides had
been reappointed as Council representative to the Police & Fire
Retirement Board for calendar year 1991, and that she would
appreciate any mailings throughout the year relating changes on the
Board. The Board agreed they would keep the City Council and City
Clerk' s Office informed of any changes in Board trustee positions.
Mr. Doug Rubley distributed to the Board copies , of the portfolio
summary from the National Bank of Detroit for funds evaluation as
of February 19 , 1991 for the Board' s review. Mr. Rubley also
reported that investment assets have now exceeded $100 , 000, 000 in
the Police & Fire portfolio. Also, that there is 1. 9 million
dollars of assets held in-house which will hold for approximately
3 to 4 months. In addition, Mr. Rubley advised that he had
2
Police and Fire Retirement System
February 19 , 1991
.received a phone call from Mr . Hal Rossen, Prudential-Bache, who
advised that basically there had been no change in the situation
with M.D. Sass, money managers in relationship to the downgrading
of bonds (G. I .C' s) held by First Executive. However , there have
been no defaults and interest is being paid. These bonds are due
in 1991.
Mr. Rubley informed the Board that there will be two Joint Board
meetings in March immediately following the regular meetings. Mr.
Hal Rossen will give his performance evaluation on March 19th in
the Finance Dept. Conference room and. on March 21th a breakfast
meeting will be held at Jim' s Tiffany to interview three firms that
run an index fund.
The Meeting Adjourned at 9 : 35 A.M.
Stephen W. Duarte, Secretary
P1ice & Fire Retirement System
3
OFFICIAL PROCEEDINGS OF THE BOARD OF TRUSTEES
CITY OF LANSING
POLICE AND FIRE RETIREMENT SYSTEM
Regular Meeting for January January 15, 199,
8th Floor, Conference Room Tuesday 9 : 02.c%.M,-'
City Hall
Lansing, Michigan n I
Due to a lack of a quorum at 8 : 30 A.M. Doug Rubley distributes tz-
those present copies of the portfolio summary from the Nation
Bank of Detroit for funds evaluation as of January 15 , 1991�n
presented a brief overview of the transactions by the outside rte T
managers. Mr. Rubley advised that both the bond and et
managers had a positive return. He stated that he had contacte
Mr. Hal Rossen, Prudential Bache, as to what had transpired at�h
meeting with M.D. Sass, money managers, in relationship to the
downgrading of bonds (G.I .C' s) held by First Executive-Parent
Company. Doug informed those present that Mr. Rossen had not yet
returned that information to him. Mr. Rubley also stated that the
S & P 500 was off 5 a since the end of the year, that concerning the
Index Fund Consultant the City had a list of 16 firms of which the
City has selected 3 and these procedures have been sent to the
Attorneys Office for review. After approval the 3 firms will be
invited to speak to the Boards. Mr. Rubley advised that if
possible these firms will give their presentations at a Joint Board
meeting immediately following a regular Board meeting in February
and that verification of these arrangements will be mailed to the
Board.
The Board of Trustees met in regular session at 9 : 02 A.M. as a
quorum was present.
Present: Trustee Benavides , Cushman, Goodin, Kus, Luzynski, and
McKane - 6
Absent: Trustee Barkyoumb and McKenzie - 2
Present: Stephen W. Duarte, Secretary; Ruby White and Lesley
Seldenright, Finance Dept. ; Melvin McWilliams, Chief
Assist. City Attorney; and Ed Piloske, Internal Audit
Dept.
It was moved by Trustee Benavides, supported by Trustee McKane that
the minutes of the December 11, 1991, be approved.
Adopted by the following vote: Unanimously.
The Secretary reported 0 new members, 0 reinstatements, 0 refunds
and 2 retired. Total Membership: 552. Refunds made since the last
regular meeting amounted to $ . 00 . Retirement allowances paid for
the month of December, 1990 , amounted to $516,143 . 67 total
1
Police and Fire Retirement Svstem
January 15, 1991
retirement checks printed for P & F System 379, total retirement
checks printed for all three systems 831.
Mr. Duarte, Secretary, informed the Board of the results of the
General Election for the position of Police Trustee to the Police
and Fire Retirement System which was conducted over the period of
December 17th thru 20th, 1990 . He stated that James R. Kus
received 77 votes, John M. Hunnell received 48 votes and there were
6 votes spoiled for a total of 131 ballots.
It was moved by Trustee Benavides, supported by Trustee McKane that
the Board approve the certification of James R. Kus to the position
of Police Trustee to the Police and Fire Retirement System Board
from January 1, 1991 through December 31, 1995 , as reported by the
Secretary.
Adopted by the following vote: Unanimously
It was moved by Trustee McKane, supported by Trustee Goodin that
the Board re-elect Jack Cushman to the office of Chairperson to the
Police and Fire Retirement System Board of Trustees for calendar
year 1991.
Adopted by the following vote: Unanimously.
It was moved by Trustee McKane, supported by Trustee Benavides that
the Board elect James R. Kus as Vice-Chairperson to the Police and
Fire Retirement System Board of Trustees for calendar year 1991.
Adopted by the following vote: Unanimously.
It was moved by Trustee Luzynski, supported by Trustee Benavides
that the application for Regular Age and Service Retirement for
Charles E. Reifsnyder, Police Department, be approved he having
qualified with 38 years 2 months service credit, retirement
effective February 2, 1991, and that the Secretary make the
necessary transfer of funds.
Adopted by the following roll call vote:
Yeas: Trustee Benavides, Cushman, Goodin, Kus, Luzynski, and
McKane - 6
Nays: None
Discussion was held concerning a request by Randy Gamel, Fire
Department, for an early refund of his retirement contributions.
The Board's decision was that the Retirement Office will release
this refund as soon as possible.
Mr. Duarte, Secretary, read to the Board the letters from Dr.
Chambers, Medical Director, concerning Daniel Jacque and Terrell
Nadeau. In the letters Dr. Chambers stated that both Mr. Jacque
and Mr. Nadeau's condition is permanent and that they are totally
2
Police and Fire Retirement System
January 15 , 1991
disabled. The Board requested that these two letters be placed on
file.
Mr. Duarte informed the Board that he had responded to Mr. Darrell
Banks, Attorney at Law, concerning the proposed Qualified Domestic
Relations- Order on Freeman v Freeman and that he wishes the Board
to be aware of these items. The Board received the letter and
placed it on file.
Trustee Luzynski asked how does a retiree get transferred from
regular Blue Cross to medicare (supplemental) at age 65. Ms.
White, Retirement Technician, advised that at age 65 the retiree
will apply for medicare and upon receipt of their medicare card
they will present a copy of it to the Retirement Office for the
proper paper work to be processed for their transfer. Upon doing
so they will receive a quarterly medicare reimbursement benefit
from the City. Blue Cross advises that Supplemental Blue Cross
along with medical coverage pays the same as being on regular Blue
Cross.
Trustee Kus inquired about Trustee McKenzie' s term of office being
continued since he is now on active military duty. There is no
established process to follow only that the Board may excuse him.
However, no one can substitute for him on the Board. Trustee Kus
stated he will try to contact Trustee McKenzie.' s wife, etc. and
report back to the Board.
It was moved by Trustee McKane, supported by Trustee Goodin that
the Board excuse Trustee. Barkyoumb from the Board meeting.
Adopted by the following vote: Unanimously.
Due to no Board action Trustee McKenzie has an unexcused absence
for the January Board meeting.
The Meeting Adjourned at 9:25 A.M.
Stephen W. Duarte, Secretary
Police & Fire Retirement System
3
i
OFFICIAL PROCEEDINGS OF THE BOARD OF TRUSTEES
CITY OF LANSING
POLICE AND FIRE RETIREMENT SYSTEM
Regular Meeting for December December 10 1 _1
Radisson Hotel Tuesday 8 : 3 A.:M.
Regency Room II
Lansing, Michigan
The Board of Trustees met in regular session and was call6& to
order by the Chairperson, Jack Cushman, at 8 : 35 A.M. --
Present : Trustee Barkyoumb , Braun, Cushman, Goodin, Kus , LuzyD,,%ki`
and McKane - 7 I
s
Absent : Trustee Benavides - 1
Present : Stephen W. Duarte, Secretary; Doug Rubley, Ruby White and
Lesley Ann Seldenright, Finance Dept . ; Melvin McWilliam,
Chief Assist . City Attorney; Ed Piloske, Internal Audit
Dept . ; and Hal Rossen & Karen Smith, Prudential-Bache
It was moved by Trustee Barkyoumb, supported by Trustee Kus that
the minutes of November 13 , 1991 , be approved.
Adopted by the following vote : Unanimously.
The Secretary reported 1 new member, 0 reinstatements, 3 refunds
and 0 retired. Total Membership : 553 . Refunds made since the last
regular meeting amounted to $6 ,331 . 34 . Retirement allowances paid
for the month of November, 1991 , amounted to $546 , 779 . 14 . Total
retirement checks printed for P&F System 387 , and total retirement
checks printed for all three systems 852 .
It was moved by Trustee Luzynski, supported by Trustee Braun that
the application for Regular Age and Service Retirement for Wayne L .
Templer, Fire Dept. , be approved he having qualified with, 25 years
1 month service credit, age 50 , effective January 18 , 1992 and that
the Secretary make the necessary transfer of funds .
Adopted by the following roll call vote:
Yeas : Barkyoumb, Braun, Cushman, Goodin, Kus , & Luzynski - 6
Nays : None
It was moved by Trustee Luzynski, supported by Trustee Barkyoumb
that the application for Regular Age and Service Retirement for
Clarence V. Dell , Fire Dept . , be approved he having qualified with,
25 years 1 month service credit, age 46 , effective January 24 ,
1992 , and that the Secretary make the necessary transfer of funds .
Adopted by the following roll call vote :
Yeas : Barkyoumb, Braun, Cushman, Goodin, Kus , & Luzynski - 6
Nays : None
i{
i
_age 2
t
for their review, and Melvin McWilliams , Chief Assist . City
Attorney, addressed this item stating that the first form was the
most important because it took you step by step through the
checklist procedures and, also, that the other forms help make the
procedure easier . A review of the procedures will be completed by
the staff . Mr. Duarte advised that he had no final recommendation
yet today, and added that there was only one EDRO implemented
which has been reviewed directly by Gabriel Roeder Actuary.
It was moved by Trustee Barkyoumb , supported by Trustee Luzynski
that the Board table, until the next meeting, the item to approve
the EDRO procedures .
Adopted by the following vote : Unanimously.
Mr. Duarte , Secretary, informed the Board that a re-examination had
been re-scheduled with the Medical Director for a one year duty
disability check for Mr. Gary Guthrie, Fire Duty Disability
Retiree, on December 9 , 1991 at 9 : 00 A.M. This item will be placed
back on the agenda for next month for the Board to review the
status of Mr. Guthrie ' s medical exam.
Mr . Duarte apprised the Board of the request for an early
retirement refund for Michelle E . Chacon, Police Department,
stating that she has 11 service credits and her savings balance
contribution is $958 . 15 . Discussion held.
It was moved by Trustee Barkyoumb, supported by Trustee Braun that
the Board approve the request by Michele E . Chacon for an early
refund of her employee contributions and that a letter accompany
this check explaining the procedures for refunding accumulated
contributions .
Adopted by the following vote : Unanimously.
Trustee McKane arrived at 8 : 49 A.M.
Mr. Duarte informed the Board that a letter had been sent to Jerry
Mires , Police Duty Disability Retiree, concerning the filing of his
Certification of Annual Earnings for .calendar year 1990 , inquiring
if his retirement allowance had been included in Line 7 , Wages ,
salaries , tips , etc . and Mr. Duarte advised this will be handled
administratively.
The Secretary stated that a letter had been sent to Mr. Richard
Burgess , Police Duty Disability Retiree, concerning an excess
earnings on his certification of annual earnings for calendar year
1990 , and the recoupment of this overpayment for 1990 . Mr . Duarte
also advised that these deductions will commence with his monthly
retirement check due March 31 , 1992 and will continue through
February 29 , 1993 . No further action is required by the Board.
Trustee Braun asked about Curtis Dowds request for an early refund
of accumulated contribution. Ruby White, Retirement Technician,
stated that the Board had previously ruled not to give an early
age 3
refund unless a written request had been received. Melvin
McWilliams , Chief Assist . City Attorney, advised that the Board I
might want a legal opinion, but he felt they could not deny and
have a sound standing. Ms . White again advised that the Attorney' s
office previously stated that the Board did not have the right to
withhold money, however, the employee must clear the .payroll before
being refunded. The Chairperson added that we want to help the
employee but not go against the Board.
It was moved by Trustee Luzynski, supported by Trustee Kus that
Trustee Benavides be excused from the Board meeting.
Adopted by the following vote : Unanimously.
Mr. Rubley informed the Board that he would not be providing his
regular investment of funds report this morning because November
data was not yet available, however, he added that the RFQ for an
investment consultant is due by January 9th. Regarding M.D . Sass
it was reported that the S . E . C . does not have a peer review group,
but calls have been made to the Financial Analyst Society for
assistance , and that the Law Department was also investigating
other possible sources . Additionally, Mr. Rossen of Prudential
Bache would be requested to write a written report on M.D . Sass
indicating their professional opinion as to whether M.D . Sass
exercised proper due diligence in purchasing the taxable municipal
bonds .
Mr. Duarte added that a written response from M. D . Sass has been
requested outlinging the investment process and the thought process
that went into the decision to purchase the Taxable Municipal
Bonds .
The Meeting Adjourned at 9 : 07 A.M.
Stephen W. Duarte , Secretary
Police & Fire Retirement System
JOINT BOARD MEETING
BOARD OF TRUSTEES
CITY OF LANSING RETIREMENT SYSTEMS
I
Radisson Hotel December 10 , 1991
Regency Room II
Lansing, Michigan f
The Joint Board of Trustees meeting was called to order at 9 : 21
A.M.
Present : Board Members :
Barkyoumb, Braun, Brewington, Cushman, Goodin, Kus ,
Luzynski , McKane & White - 9
Absent : Board Members :
Benavides , Moye, & Pontz - 3
Present : Others :
Stephen W. Duarte , Secretary; Doug Rubley & Lesley
Seldenright, Finance Dept . ; Ed Piloske, Internal Audit;
Melvin McWilliams , Chief Assist . City Attorney; Hal
Rossen & Karen Smith, Prudential Securities; and John
Hyll & Shari Sakall , Loomis , Sayles
Mr. Rossen and Karen Smith of Prudential Securities gave a
performance measurement report for the quarter ending September 30 ,
1991 , and distributed to the Board for their review a small booklet
entitled "Strategy Weekly" and the "Investment Consultant ' s Review"
pointing out such articles as "Documenting Investment Policy" ,
"Trustees ' Corner" , etc .
Mr. Rossen in his report touched upon the summary sheet, cash flow,
asset allocation, management styles , composite performance, equity
managers performance, etc . Also, he quickly highlighted Section 3
- Change in Asset Mix, etc . , and Section a - Public Retirement fund
Indexing
Mr. Duarte asked Mr. Rossen how much does a manager have to earn to
be superior to an index fund and he suggested 1/2 o and, also, what
the gap was between bid and asking. Mr. Rossen stated 75 points .
Trustee McKane left the meeting at 9 : 53 A.M.
At this time, the Board took a short break and reconvened at 10 : 00
A.M.
Mr. John Hyll and Shari Sakall of Loomis , Sayles & Co . gave a
presentation highlighting Section 1 - Investment Results 1 ) total
returns for periods 9-30-91; Section 2 - Investment Review 1 )
Historical Yield Curve, 2 ) industrial ratios , etc . ; Section 3 -
Portfolio Characteristics 1 ) Sector Analysis of Fixed-Income
Issues , 2 ) Quality Analysis of Fixed-Income Issues , and 3 ) Maturity
Distribution of Fixed-Income Issues; Section 4 - Economic Outlook
reviewing some charts , and Section 5 - Appraisal of Assets .
Mr. Hyll stated that inflation is down and it will take time, the
Federal Reserve controls interest rates , leadership must come from .
Washington, trade policy-bringing down merchandise trade deficit,
etc .
Mr. Hyll explained that since our last meeting with Loomis that
they had lengthened the average maturity of the portfolio and moved
from government securities to a larger representation in corporate
bonds .
They believe that there could develop a shortage in quality
corporate debt as corporations issue stock over the next few years
to reduce debt . Loomis has our portfolio in bonds with good "call
protection" for this reason .
With a weak economic outlook for the next two quarters and only a
moderate recovery they feel that the yield curve will flaten with
long rates moving downward expecting bonds to return 8-100 over the
next year .
The Joint Boards Adjourned at 10 : 43 A.M.
o W ,
Stephen W. Duarte, Secretary
Retirement Boards-Joint Meeting
The minutes for the presentation of M.D . Sass are under separate
cover.
i
Meeting of December 10 , 1991
Joint Board Meeting, Part 2
Radisson Hotel , Regency ROOM II
M.D . Sass Presentation
Marty Sass & Hugh Lamle
Information:
They manage 1/2 Billion in Governmental Funds
They predict 3% inflation with interest rate coming
further down.
After Desert Storm the economy bounced up, hit a wall and
stayed.
Consumers , the day after Thanksgiving, more looking
rather than buying.
Consumers not buying homes rather refinancing existing
homes due to interest rates .
Two thirds of the market driven by consumers currently at
a 10 Year low in consumers confidence.
Unemployment at 6 . 8% however disappointed workers are not
part of the statistics . In November employment was down
241 thousand.
Consumers installment defaults are up with 1 million
filling bankruptcy in 1992 due to unemployment.
Credit is tight among those that need the money.
Interest rates are slightly down for those that do not
need it.
Mr. Sass stated that he doesn' t have a crystal ball
however, he feels interest rates will go down shortly
being cut by Christmas . Possible FED 4 o discount rate if
it doesn' t happen before Christmas then in January. The
polls shows that Bush has to do something to
stimulate the economy in order to get reelected.
He feels it will be a sluggish & slow recovery.
Section I Page 5 (of Sass Report) shows 3 months to 30 years
interest rate spreads . They are not buying industrial bonds but
staying with Treasuries & G.N.M.A' s with seven year area. .
He advised we were in good shape as we had a 7% acturial projected
rate of return over some systems that had 8 to 8 1/2o and had to
scramble in order to raise the money to reach the goal . It may
have looked good to be at 8 to 8 1/2o projected return in order to
cut contribution in short term however, they may have problems now.
Hugh gave a brief overview about the GIc backed bonds and the
conservatorship proceedings in California to protect policy holders
and how the lower court had ruled ii: favor of our holdings being
Page 2
classified as policies of insurance . The bonds were valued prior
to the decision by the court at 20 cents on the dollar and went to
51 to 52 cents on the dollar . They are currently valued at 43
cents on the dollar due to the uncertainty associated with an
appeal . They feel we are on the road tc recovery. Not sure of the
tirne frame .
The Supreme Court came out with a ruling that in case of financial j
securities the statue of limitation would be one year for fraud. I
This has been corrected through legislative action which extends
the period for seeking recovery.
Additional law suits are possible by M.D . Sass against Drexel ,
Merrill Lynch and etc . (bond underwriters ) due to perceived lack of
investigation into the GIC ' s prior to sale .
They felt t1zat there was a good possibility that we would be made
whole due to the courts decision which they were confident would be
upheld. This includes the law suit and percentage of funds that we
have not received in interest . They felt a reasonable time would
be about 5 months .
They stated that some systems had gotten out of the GIC' s against
their advise and had suffered a great loss as they sold at the
lowest point and they felt bad about that .
They valued our very strong support and sticking with them .
Question by Trustee Luzynski , how far will they take the other
case? ( refiring to the cases with Drexel & Merrill Lynch) The
attorneys intend to take it as far as we can .
They felt we should get an additional 4-5o interest income that has
been deferred that we haven ' t received with a good likelihood that
we will recover 100% . No guarantees .
Mr. McWilliams asked if they were following the State of Michigan
Insurance Commissioner who is filing for liquidating Executive
Life ' s deposit held by the State of Michigan? They stated they
were not . However, if he would provide them with a docket number
they may be able to get some information, they gave him their card.
Jack asked M. D . Sass if they you were fooled by faulty information
how do we keep from making the same mistake again in the future .
Mr. Sass stated clearly we made a mistake . "To prevent it from
happening in the future we will buy only Government & Government
agency & mortgage backed securities . Our portfolio has some
Utilities they inherited. You can count on Government and
Agencies . They are safe . The Government can print money to pay.
Hugh stated that he is sending a memo to Steve & Doug summarizing
sl_ries of events & etc . The Taxable Municipal Bonds were rated AAA
and were backed by GIC ' s that were r,A rated at the time and they
i
i
Page 3
were issued by the 5th largest Insurance Company. They believe we
will see more & more defaults in the future in the industrial
sector.
Stephen W. Duarte, Secretary
Retirement Boards Joint Meeting
C: \WP\DATA\LETTERS\MEETING. JNT
JOINT BOARD MEETING
BOARD OF TRUSTEES
CITY OF LANSING RETIREMENT SYSTEMS
f
i
Radisson Hotel December 12 , 1991
Regency Room II
Lansing, Michigan
The Joint Board of Trustees meeting was called to order at 9 : 37
A.M.
Present: Board Members :
Barkyoumb, Braun, Brewington, Cushman, Goodin, Kuz ,
Luzynski, Moye, Pontz , and White - 10
Absent : Board Members :
Benavides , McKane and Perdue - 3
Present : Others :
Stephen W. Duarte , Secretary; Doug Rubley and Lesley Ann
Seldenright, Finance Dept . ; Melvin McWilliams , Chief
Assist . City Attorney; Ed Piloske, Internal Audit; Hal
Rossen & Vic Rosasco, Prudential-Bache; and Fred Thorne,
Alan Fields , & Stanley Schlozman, Harbor Capital
Management Co .
Harbor Capital gave their presentation covering the following areas
as : 1 ) performance summary, 2 ) relative ranking of portfolio
performance vs . Prudential Securities equity manager universe , 3 )
total cash hoard & yield curve, 4 ) consumer confidence , 5 ) misery
index, 6 )median family income in 1991 dollars , 7 ) U. S . Treasury
bond yield curve, 811 Asset Mix, etc .
Also, discussed was the strategy and outlook covering charts
showing: 1 ) A Core, Dual Approach Manager, 2 ) Equity Segment
Breakdown, 3 ) Big and Median Cap Growth, 4 ) Equity Strategy and 5 )
Top Ten Growth and Value Holdings . .
Harbor capital summarized stating that the recession will slowly
bottom out and a modest economic recovery should begin and for this
reason they are in "special situation" value stocks versus
traditional value such as auto stocks . They will probably maintain
a 50o allocation to both "growth & value" in 1992 . Political
uncertainty will be a major cross-current in this upcoming election
year. Money will continue to flow into the stock market from C.D .
and bond rollovers .
Harbor Capital completed their presentation and the Board recessed
at 10 : 40 A.M.
The meeting reconvened at 10 : 50 A.M.
age 2
Mr. Tom Franzese and Peter McCarthy of Lazard Freres gave a
presentation on their September 30 , 1991 report highlighting: 1)
the Plan is fully invested, 2 ) the plan has increased by 82 . 9
million for this 9 month period. This equates to an 18 . 7% return,
3 ) for the current up-cycle , 12/1/87 to 9/30/91 , the Plan has a
17 . 6`- annual return . This outperforms the first investment goal of
12 . 5% and the second investment goal of 7 . 0% (CPI + 8% and
actuarial assumption) , 4 ) value style management is expected to
return to favor, 5 ) their current strategy focuses on small to
medium size companies which are chosen through our value
identification process .
Trustee Brewington left at 11 : 26 A.M. and Trustee Pontz left at
11 : 30 A.M.
In their future outlook they see continued modest inflation and
therefore increasing reliance on unit growth and/or reduced
expenses to drive earnings . The economies in the U. S . , UK and
Canada appear to be bottoming and we expect a modest recover in
1992 . In addition, Germany and Japan both appear to be slowing.
over the next 6-12 months we would anticipate a renewed upward move
in the dollar against European currencies .
Lazard Freres completed their presentation at 11 : 34 A.M.
Mr. Duarte, Secretary, asked if the Board could stay for a few more
minutes so that a discussion could be held with Hal Rossen and Vic
Rosasco of Prudential-Bache concerning their recommendations on the
money managers .
Mr. Duarte asked if Prudential Bache still stands by their
recommendation of going into the growth area? They indicated that
growth as a long term has been best over the years and still a
winner, however, the Board might hold off on hiring an aggressive
growth manager for a while at least until after March.
Mr. Duarte also asked how do they feel about the money managers?
Mr Rossen responded that Loomis Sayles was not looking good since
they under-performed last year but now feeling better about them
since the added depth to the Detroit office. M.D. Sass since they
are so busy traveling around putting out fires of the GIC' s has
lost about 1/2 of their accounts , in. addition, bares watching due
to the lack of soft dollars to purchase, research and layoffs and,
also, that Mr. Tom Mackel , Marketing Director, left the firm,
however, suggested they are not uncomfortable with either manager
and that we keep them as fixed income managers .
Also, the Secretary inquired since the turnover in M.D . Sass who is
handling our money. He was informed that Hugh Lamle is still
taking care of our investments . In addition, since M. D . Sass is
buying government & agencies & mortgage backed funds how do you
feel about this keeping us safe? They stated they felt the spread
Page 3
narrowed & is defensive
since Loomis Sayles was investing in
corporates and Sass staying in government & agencies . Mr . Rosasco
suggested we may want
tovie ourtod goals
( in effect since 1984 ) as
they may be too aggressive
Mr . Rubley indicated that since 84Mof the ss has municipal n primarily
and
in U. S . governments with the exceptionested that if the Board i s
not taping a risk. Prudential-Bache sugg
looking at another area of investing they should interview firms in
the small cap value area.
The Joint Boards Adjourned at 1'2 : 07 P .M.
�F
Stephen w . duarte , Secretary
Retirement Boards-Joint Meeting
OFFICIAL PROCEEDINGS OF THE BOARD OF TRUSTEES
CITY OF LANSING
POLICE AND FIRE RETIREMENT SYSTEM
Regular Meeting for October October 15, 1991
10th Floor, Council Conference Room Tuesday 8 : 35 A.M.
City Hall
Lansing, Michigan
C�
The Board of Trustees met in regular session and was calked �to
order by the Chairperson, Jack Cushman, at 8 : 35 A.M. t „
Present: Trustee Barkyoumb, Braun, Cushman, Kus, Luzynski and
McKane - 6 J
Absent: Trustee Benavides and Goodin - 2
Present: Ruby White, Doug Rubley and Lesley Ann Seldenrigh ;
Finance Dept. ; Melvin McWilliams , Chief Assist. CitL
Attorney; Daniel Woodruff and Rita Daboul, National Bank
of Detroit; and Ed Piloske, Internal Audit Dept.
It was moved by Trustee Barkyoumb, supported by Trustee Kus that
the minutes of September 17 , 1991 , be approved.
Adopted by the following vote: Unanimously.
Mr. Rubley reported for the Secretary that there were 12 new
members, 0 reinstatements, 0 refunds and 0 retired. Total
membership: 556 . Refunds made since the last regular meeting
amounted to $00 . Retirement allowances paid for the month of
August, 1991, amounted to $544,747 . 72 , total retirement checks
printed for P&F System 386 , total retirement checks printed for all
three systems 849 .
It was moved by Trustee Luzynski, supported by Trustee Kus that the
application for Regular Age and Service Retirement for Thayer G.
Lillie, Fire Department, be approved he having qualified with 25
years 0 months service credit, age 46 , effective October 5, 1991,
and that the Secretary make the necessary transfer of funds.
Adopted by the following roll call vote:
Yeas: Barkyoumb, Braun, Cushman, Kus, and Luzynski - 5
Nays : None
Trustee McKane arrived at 8 : 39 A.M.
The Chairperson distributed to the Board copies of the one year
medical report for Doraine K. Lee, Police Department, Duty
Disability Retiree. The Board reviewed the report and discussion
was held.
It was moved by Trustee McKane, supported by Trustee Barkyoumb that
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Police and Fire Retirement System
October 15 , 1991
the Board after reviewing the one year medical report for Ms .
Doraine K. Lee, Police Department, Duty Disability Retiree, approve
her remaining on duty disability retirement status for one more
additional year. f
Adopted by the following vote: Unanimously f
I
The Chairperson informed the Board that the Fire Department has
appointed Jim Ballard and Chuck Willis from the Fire Prevention
Division to be the election inspectors to handle the Primary
Election held December 2 thru 5, 1991 and the General Election held
December 16 thru 19 , 1991 . In addition, at this time, the Fire
Department is down approximately 3 people, and in case there is a f
substitute inspector the Retirement Office will be notified
immediately.
It was moved by Trustee Barkyoumb, supported by Trustee Luzynski
that the Board approve the election inspectors appointed by the I
Fire Department for the Primary Election held December 2 thru 5 ,
1991, and the General Election held December 16 thru 19 , 1991, to
elect the Fire Department Trustee, and that the Secretary be given
the authority to substitute the election inspectors, if necessary.
Adopted by the following roll call vote: Unanimously. I
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Mr. Doug Rubley advised the Board members that the Earnings Reports j
for the Duty Disability Retiree' s for the calendar year 1990 are
under the Secretary' s review, at this time, and that this item is
to be placed back on the Board agenda for the month of November.
f
It was moved by Trustee Luzynski, supported by Trustee Braun that `
the Board excuse Trustee Benavides and Trustee Goodin from the
Board meeting.
Adopted by the following vote: Unanimously.
Mr. Daniel Woodruff and Ms. Rita Daboul of the National Bank of
Detroit provided a presentation to the Board on security lending.
They distributed to the Board members three items entitled:
Securities Lending Questionnaire, - Money Market Desk and
Institutional Investment Management booklet. Mr. Woodruff reviewed
the following items: terms used when working with securities ;
securities lending overview; history and recent events;
transactions; risks in areas of broker, investment & settlement;
risk control; and servicing responsibilities .
Mr. Woodruff stated that some items covered in the service fee
were: locate borrower, negotiate loan terms, allocate loans
equitably, deliver & receive securities, approve & monitor dealers ,
maintain collateral and report generation. Also, he added that the
gross revenues would be divided on a 60/40 basis . 60% of income
2
Police and Fire Retirement System
October 15 , 1991
for the City of Lansing and 40o to NBD. In addition, Mr. Woodruff
reviewed the "Estimated Securities Lending Income" chart with the
Board advising that as of August 30 , 1991, a conservative annual
investment earnings estimate of 60a would be $30 , 282 for the Police
and Fire Retirement System.
Ms . Daboul reviewed with the Board such charts as : Securities
Lending Customers Earnings Statements Transaction Acronyms; Summary
Earnings Statement; Monthly Earnings Summary Statement, Earnings
Statement, and Account Collateral Statement. Also, discussed was
a list of approved broker/dealers and the letter/agreement which
defines the terms and conditions of the securities lending
activities . The Board was advised they could stipulate the type of
securities they can lend and the dollar amount may be limited.
Mr. Rubley informed the Board that he and Mr. Duarte had visited
with NBD and several areas were addressed. Both Mr. Duarte and Mr.
Rubley felt comfortable with security lending and that all risks
were minimal and well controlled.
It was moved by Trustee McKane, supported by Trustee Luzynski that
the Board authorize the staff to negotiate all legal documents and
have the City Attorney review and sign off as to proper form and
the Finance Department to review and sign off as to availability of
funds , and further to bring this item back to the Board for next
month' s meeting.
Adopted by the following vote: Unanimously.
Mr. Rubley distributed to the Board copies of the portfolio summary
from the National Bank of Detroit for funds evaluation as of j
October 15 , 1991, and presented a brief overview of the f
transactions by the outside money managers . Mr. Rubley also handed
out to the Board members a copy of the "Assets Mana-ged by External
Managers Returns After Management Fees" and that he had available
for any Board member a copy of the following items : Index Fund
Management; the Roll of an Investment Consultant; and Glossary of
Investment Terms.
Mr. Rubley shared with the Board that there were numerous articles
in newspapers in the last month concerning M.D. Sass and the
proposed buy-out of GIC' s held with Executive Life. M.D. Sass
feels that if they lose in the lower court, on the status of the
GIC' s as insurance, they will appeal to the higher court. Mr.
Rubley advised that the City will determine whether other options
are available regarding our legal status, in this case. Also, Mr.
Rubley advised that M.D. Sass has been sued by some of its former
clients regarding these positions in securities backed by Executive
Life.
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Police and Fire Retirement System
October 15 , 1991
I
Melvin McWilliams, Chief Assist. City Attorney, apprised the Board
that he desires to first review with Mr. Rubley the history of this
item as to how the assets were handled, what are the parameters of
the fiduciary responsibilities, etc. , and he will bring this I
information back to the Board.
In addition, Mr. Rubley informed the Board that the Finance Dept.
has not currently finalized the contract concerning the hiring of
an Index Manager since the contract is presently under review in
the Law Department. Also, the "Request for Qualifications" for an
investment consultant is now completed and the Purchasing
Department is waiting on a list of vendors . Mr. Hal Rossen of
Prudential Bache will be contacted.
Mr. Rubley advised that Mr. Hal Rossen, investment consultant for
Prudential Bache, will be unable to attend the November Board
meeting at which the two equity managers will provide a
presentation, and should he defer bringing them in. The Board
Trustees advised that Mr. Rubley should proceed with having them
give their presentations in November.
Copies of the City of Lansing, Police and Fire Retirement System,
Annual Report for December 31 , 1991, was distributed to the Board.
The Meeting Adjourned at 10 : 45 A.M.
Stephen W. Duarte, Secretary
Police & Fire Retirement System
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OFFICIAL PROCEEDINGS OF THE BOARD OF TRUSTEES
CITY OF LANSING
POLICE AND FIRE RETIREMENT SYSTEM
Regular Meeting for September September 17, 1991
10th Floor, Council Chambers Tuesday 8 : 43 A.M.
City Hall
Lansing, Michigan
The Board of Trustees met in regular session and was called to
order by the Chairperson, Jack Cushman, at 8 : 43 A.M.
Present: Trustee Benavides, Barkyoumb, Braun, Cushman, Goodin,
Kus, and Luzynski - 7
Absent: Trustee McKane - 1
Present: Stephen W. Duarte, Secretary; Ruby White, Doug Rubley and
Lesley Ann Seldenright, Finance Dept. ; Melvin McWilliams,
Chief Assist. City Attorney; Ed Piloske, Internal Audit
Dept. ; and Alan Sonnanstine & Mark Tyszkiewicz of
Gabriel, Roeder, Smith & Co.
It was moved by Trustee Benavides, supported by Trustee Barkyoumb
that the minutes of August 20, 1991 , be approved.
Adopted by the following vote: Unanimously.
The Secretary reported 2 new members, 0 reinstatements, 0 refunds
and 2 retired. Total Membership: 544 . Refunds made since the last
regular meeting amounted to $00 . Retirement allowances paid for
the month of August, 1991, amounted to $552, 105 . 96 . Total
retirement checks printed for P&F System 388 , and total retirement
checks printed for all three systems 852 .
Mr. Alan Sonnanstine of Gabriel, Roeder, Smith & Company gave a
presentation to the Board on the report of the Forty-Seventh Annual
Actuarial Valuation ending December 31, 1990 of the City of Lansing
Police & Fire Retirement. Mr. Sonnanstine touched upon such items
as: 1) financial objective achievement. tests and how some totals
were affected after changes in benefit provisions , actuarial
assumptions and in the asset valuation method, 2 ) computed and
actual city contributions-comparative statement, 3 ) contingency
reserve in the Reserve for Retired Benefit Payments which amount to
$3 , 206 , 675 and, if future experience is exactly as assumed, the
contingency reserve will grow at a r ett 67o per year, and 4)
concluded that based upon 'ge�j�1 c� t"he valuation and the
principles of level percent-o`f-payroll_ _.financ. {}g, we conclude that
the Retirement System isr--Ctery good actuarial condition,
contingent upon continued receipt,,pflrecommended contributions.
1
Police and Fire Retirement System
September 17 , 1991
In Addition, Mr. Sonnanstine discussed with the Board the EDRO' s
(Eligible Domestic Relations Orders - Act No. 46 of the Public Acts
of 1991 - effective June 27 , 1991) which the City is now bound by
State law to follow. Mr. Sonnanstine distributed to the Board
copies of the EDRO illustrations and advised that 1) the ex-spouse
can draw at the earliest possible eligible date even though the
member is not retired, 2 ) there may be a splitting of the pension
check payment, and 3 ) health insurance benefits are completely
excluded, etc.
Questions and answers followed and Mr. Sonnanstine added that in an
EDRO the Judge may not make a decision, but leave EDRO open due to
the alternate payee ' s decision on options, and that there could be
several computations. Mr. Sonnanstine also suggested that the
Board adopt state-wide assumptions in interest rates and mortality
tables (Act 88) .
Trustee Kus left the meeting at 8 : 45 A.M. and returned at 8 : 47 A.M.
Mr. Sonnanstine added that he will be sending out a sample
resolution and a list of assumptions for the Board to review.
Trustee Luzynski left the meeting at 9 : 51 A.M. and returned at 9 : 53
A.M.
In addition, Mr. Sonnanstine advised that Gabriel, Roeder ' s
actuarial calculation fees for a typical EDRO will be in the range
of $200-$500 , and the retirement board and employer should
determine whether these fees will be borne by the retirement system
or the participant. Mr. Sonnanstine suggested that if the
participant is to be responsible for the fee, the retirement system
might subsequently bill the participant.
Mr. Duarte, Secretary, informed the Board that the annual contract
agreement with Gabriel, Roeder, Smith & Company for fees would be
approximately 4. 8% to 4 . 9% higher than last year and that he
recommended that the Board accept the contract.
It was moved by Trustee Benavides, supported by Trustee Barkyoumb
that the Board approve the contract with Gabriel, Roeder, Smith &
Company for normal actuarial and consulting services for the year
beginning July 1, 1991, which will be $7 , 260 , payable in quarterly
installments of $1, 815 and that the Board authorizes the
Chairperson to sign the contract pending approval as to form by the
City Attorney and certification of availability of funds by the
City Controller.
Adopted by the following vote: Unanimously
2
Police and Fire Retirement System
September 17 , 1991
The Secretary informed the Board about the upcoming Trustee
election schedule advising that on approximately Oct. 1, 1991, we
will mail the memo out to the department about the election,
November 12 , 1991 at 4: 00 P.M. nominating petitions must be turned
in, and discussion was held on which date the Board would certify
the petitions . Also, the primary election will be held December 2
- 5, 1991 and the regular election on December 16 - 19 , 1991.
It was moved by Trustee Luzynski, supported by Trustee Braun that
'the Board change the November Board meeting from Tuesday, November
12, 1991 at 8 : 30 A.M. to Wednesday, November 13 , 1991 at 8 : 30 A.M.
for the purpose of enabling the Board to approve the nominating
petitions for the upcoming election and that a letter (public
meeting notice) be sent advising of this change.
Adopted by the following vote: Unanimously
Mr. Duarte apprised the Board that all the Duty Disability
Retiree' s Earnings Reports for 1990 have been received except Mr.
Eric Stevens who has elected not to respond.
The Secretary reported to the Board that Mr. R. Steven Willard
(Duty Disability Retiree) is up for his one year medical re-
examination in October and in addition Doraine K. Lee is scheduled
at 9 : 00 A.M. today September 17 , 1991 for her physical re-
examination.
Mr. Rubley informed the Board that Mr. Hal Rossen, Prudential-
Bache, was now fully aware of the Board' s intention to hire an
index manager and that Mr. Rossen' s fee as an investment consultant
may increase if an additional growth manager is hired. Mr. Rossen
has been with the Board as investment consultant since 1984 and his
contract does not expand the roll of consultant. Mr. Rubley, also
advised that the RFP to review the investment consultant will be
written up and sent to be typed and then mailed out for
advertising. This will be completed prior to the recommendation of
the growth manager. In addition, Mr. Rubley stated that all the
RFP' s will be reviewed by in-house staff and narrowed down to 4-5
firms for the Board' s review.
Mr. Doug Rubley distributed to the Board copies of the portfolio
summary from the National Bank of Detroit for funds evaluation as
of September 16, 1991, and presented a brief overview of the
transactions by the outside money managers .
Mr. Rubley reported that the City made its required contribution on
the first business day of the month and that there will be
transferring of funds by the first of next month to the index
manager. Doug stated that there was a strong equity and bond
market this month and that an average cash position is 4 1/2% to 6
3
Police and Fire Retirement System ;
September 17 , 1991
i
1/20, however, at this time, it is only 20.
Mr. Rubley shared with the Board that there is no additional
information on the current court case with M.D. Sass concerning the
proposed buy-out of GIC' s held with Executive Life.
Trustee Benavides left the meeting at 10 : 48 A.M. and returned at
10 : 51 A.M.
Mr. Rubley will plan to bring in NBD in the month of October for
the purpose of a report on security lending. Also, he will bring
in the equity managers for the November 13th Board meeting.
It was moved by Trustee Luzynski, supported by Trustee Kus that
Trustee McKane be excused from the Board meeting.
Adopted by the following vote: Unanimously.
The Meeting Adjourned at 10 : 55 A.M.
W
Stephen W. Duarte, Secretary
Police & Fire Retirement System
4
OFFICIAL PROCEEDINGS OF THE BOARD OF TRUSTEES
CITY OF LANSING
POLICE AND FIRE RETIREMENT SYSTEM
Regular Meeting for August August 20 , 1991
8th Floor, Conference Room Tuesday, 8 : 31 A.M.
City Hall
Lansing, Michigan
r
The Board of Trustees met in regular session and was called to
order by the Chairperson, Jack Cushman, at 8 : 31 A.M.
Present: Trustee Benavides, Barkyoumb, Braun, Cushman, Goodin,
Kus , Luzynski and McKane - 8
Absent: None
Present: Stephen W. Duarte, Secretary; Lesley Ann Seldenright and
Doug Rubley, Finance Dept. ; Melvin McWilliams, Chief
Assist. City Attorney; and Ed Piloske, Internal Audit
It was moved by Trustee Barkyoumb, supported by Trustee Luzynski
that the minutes of July 16, 1991, be approved.
Adopted by the following vote: Unanimously.
The Secretary reported 2 new members, 0 reinstatements, 2 refunds
and 4 retired. Total Membership: 544 . Refunds made since the last
regular meeting amounted to $11, 426 . 37. Retirement allowances paid
for the month of July, 1991, amounted to $541, 909 . 03 total
retirement checks printed for P&F System 386 , total retirement
checks printed for all three systems 849 .
It was moved by Trustee Barkyoumb, supported by Trustee Luzynski
that the application for Regular Age and Service Retirement for
Michael. C. Radigan, Fire Department, be approved he having
qualified with 25 year 1 month service credit, age 50, effective
August 9, 1991, and that the Secretary make the necessary transfer
of funds.
Adopted by the following roll call vote:
Yeas: Benavides, Barkyoumb, Braun, : Cushman, Goodin, Kus, &
Luzynski - 7
Nays: None
Mr. Duarte advised the Board that 30 Duty Disability Earnings
Reports for 1990 were mailed, 28 were returned and as of yet 2 had
not been returned. Mr. Duarte stated that a final notice will be
mailed to Ms. Doraine Lee and Mr. Eric Stevens.
Mr.! Duarte addressed the item on resolution #458 regarding the
amendment of the Rec%61*1tR�,tirement Act pertaining to public
employees (Act 88 of �i1�c6.�3 fg�of the resolution being
Police and Fire Retirement System
August 20, 1991
presented to the Board. The Secretary reviewed the process
advising: . inasmuch as this legislation allows but does
require, municipal governing bodies to enter agreements to not
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for the actual transfer of monies and credited service from
preceding retirement systems, and inasmuch as this may create an
additional unfunded liability that is not the best interest of the
retirement system, the Secretary, pursuant to a Board resolution
requested that Mr. McWilliams
the language for resolution #4, Chief Assist. City Attorney, draft
58 , and this language was recommended
to Council and adopted accordingly. This item was received and
placed on file.
Trustee McKane arrived at 8 : 37 A.M.
Mr. Duarte had copies of a letter from Mr. McWilliams re : Qualified
Domestic Relations Order, distributed to the Board members and Mr.
McWilliams, Chief Assist. City Attorne
advising that the y, addressed this item
purpose of this legislation is to adopt at the
state level several of the . concepts embodied in the Federal
Retirement Equity Act and ERISA, including the requirement that
retirement plans split checks for the benefit of. ex-spouses. This
legislation has now been adopted and is the law of the state of
Michigan. Mr. McWilliams stated that the City' s retirement plans
are now subject to compliance with eligible domestic relations
orders, and that he is working on a procedure for the City to
follow.
Mr. Duarte informed the Board that he had forwarded this item on to
Mr. Alan Sonnanstine of Gabriel, Roeder, Smith and Company,
Actuary, for additional information. Mr. Sonnanstine informed him
we will be receiving a newsletter covering this subject. The
Secretary concurred that the City will be subject to the eligible
domestic relations orders and that the implementation will be quite
detailed. - Some questions and answers followed.
The Chairperson advised that the 1991 Fall MAPERS Conference wi
be held October 6 thru 8 , 1991, at the.. 11
laza in
Rapids, Michigan. Mr. Duarte stated t at room a reservationsGrand have
been arranged and those Board members wishing to attend the
conference are to inform Mrs. Seldenright within a week.
Mr. Hal Rossen and Mr. Victor Rosasco of Prudential-Bache provided
to the Board a performance evaluation for the qu 30, 1991 for the Police and Fire Retirement System.ter ended June
Trustee McKane left the meeting at 9 : 37 A.M.
Mr. Rossen handed out an additional article entitled, "Investment
2
Police and Fire Retirement System
August 20 , 1991
Consultant' s Review" and also two additional sheets , "Selected
Comparisons of Equity Only Management" and "Rankings in a Universe
of 45% Equity and 55% Fixed Income" and reviewed them with the
Board.
Mr. Duarte stated that he was concerned about the risk factor and
how might it be reduced. Mr . Rosasco suggested that the Board
might consider adding an additional investment growth manager and
discussion followed on fees, how will this effect risk, how is
return built in, etc.
The Board recessed at 10 : 20 A.M. and reconvened at 10 : 25 A.M.
Trustee Benavides left the meeting at 10 : 20 A.M.
Mr. Rubley distributed to the Board copies of the portfolio summary
from the National Bank of Detroit for funds evaluation as of August
16 , 19911 and presented a brief overview of the transactions by the
outside money managers .
Trustee Barkyoumb requested that Mr. Duarte and Mr. Rubley review
and give a report re: investment managers, their fees , etc. Mr.
Rubley. advised that the RFP is being developed on the new
investment consultant and is intended to be sent out in September.
Also, Mr. Rubley will bring back to the Board a list of the firms
for the consultant for the September Board meeting.
Mr. Rubley advised the Board that he withdrew $500 , 000 from the
bond managers and that the City contribution in. the amount of 4 . 5
million dollars will arrive next month. Mr. Rubley also updated
the Board on M.D. Sass stating that there was a proposed buy-out on
Executive Life, however, this case is still pending in court. Doug
also mentioned that he would make arrangements for the managers to
address the Board in October.
In addition, Mr. Rubley stated that he would be advising Mr. Rossen
of Prudential-Bache about the Board' s decision to invest in the S
& P index fund and Mr. Rubley will be meeting with NBD and will be
making a report to Mr. Duarte on security lending.
The Meeting Adjourned at 11: 05 A.M.
Stephen W. Duarte, Secretary
Police & Fire Retirement System
3
OFFICIAL PROCEEDINGS OF THE BOARD OF TRUSTEES
CITY OF LANSING
POLICE AND FIRE RETIREMENT SYSTEM
Regular Meeting for July July 16 , 1991
8th Floor, Conference Room Tuesday, 8 : 31 A.M.
City Hall
Lansing, Michigan
The Board of Trustees met in regular session and was called to
order by the Chairperson, Jack Cushman, at 8: 31 A.M.
Present: Trustee Benavides, Barkyoumb, Braun, Cushman, Goodin,
Luzynski, and McKane - 7
Absent: Trustee Kuz - 1
Present: Stephen W. Duarte, Secretary; Lesley Seldenright and Doug
Rubley, Finance Dept. ; Melvin McWilliams , Chief Assist.
City Attorney; Ed Piloske, Internal Audit
It was moved by Trustee Benavides, supported by Trustee Braun that
the minutes of June 18 , 1991,. be approved.
Adopted by the following vote: Unanimously.
The Secretary reported 1 new member, 0 reinstatements, 1 refund and
0 retired. Total Membership; 548 . Refunds made since the last
regular meeting amounted to $636 . 84. Retirement allowances paid
for the month of June, 1991, amounted to $533 ,094 . 81 total
retirement checks printed for P&F System 382 , total retirement
checks printed for all three systems 843 .
Trustee McKane arrived at 8 : 33 A.M.
It was moved by Trustee Barkyoumb, supported by Trustee Luzynski
that the application for Regular Age and Service Retirement for
Jerry L. Ericks, Fire Department, be approved he having qualified
with 25 years 9 months service, age 47 , effective July 5 , 1991, and
that the Secretary make the necessary transfer of funds.
Adopted by the following roll call vote:
Yeas: Benavides, Barkyoumb, Braun, Cushman, Goodin, Luzynski
and McKane - 7
Nays: None
It was moved by Trustee Benavides, supported by Trustee Barkyoumb
that the application for Regular Age and Service Retirement for
Jerry D. Mills, Police De r e R oved he having qualified
with27 years 10 months ace� � ffective July 1, 1991.
1 ,.
Adopted by the following roll call vote:
Yeas: Benavides, Barkyoumb, Braun, Cushman, Goodin, Luzynski
and McKane - 7
Nays: None
It was moved by Trustee Luzynski, supported by Trustee Braun that
William Skinner, Police Department, be approved he having qualified
with 30 years 0 months service, age 54, effective July 11, 1991 .
Adopted by the following roll call vote:
Yeas: Benavides, Barkyoumb, Braun, Cushman, Goodin, Luzynski
and McKane - 7
Nays: None
Discussion was held concerning the retirement allowance for the
widow of Ernie Carpenter, Fire Duty Disability Retiree.
Mr. Duarte, Secretary, again advised the Board when making their
decision that with respect to Sec. 28 (Death in Line of Duty) the
statement (death to have occurred solely and exclusively as the
natural and proximate result of his actual performance of duty in
the employ of the city) , that neither of the doctors ' reports
stated that Mr. Carpenter' s death was caused exclusively by his
job. In fact, Dr. Chambers indicated that, in her professional
opinion, there was only about a 30% probability that Mr.
Carpenter' s illness was occupationally related.
It was moved by Trustee Luzynski, supported by Trustee Benavides
that the Board approve a "Death in Line of Duty" status, which is
located under Section 28 in the City Charter, for Mr. Ernie
Carpenter, Fire Department, Duty Disability Retiree.
Adopted by the following roll call vote:
Yeas: Benavides, Braun, Cushman, Luzynski & McKane - 5
Nays: Barkyoumb & Goodin - 2
Mr. Duarte, Secretary, reported to the Board on the Duty Disability
Retiree' s Earnings Reports advising that 30 letters had been
mailed, 22 reports were returned and 8 have not yet been received.
In addition, that Mr. Eric Stevens was sent a copy of the original
notice, under regular mail, since he did not pickup the certified
letter and that Mr. Stevens was also sent a special letter advising
that he is required to file for the previous calendar years of
1985, 1986 , 1987, 1988 and 1989 .
Mr. Duarte, Secretary, also informed the Board that on July 15 ,
1991, a second letter had been sent by certified mail to the 8
people that had not yet complied with the request for the earnings
report.
The Chairperson apprised the Board members that Doraine Lee, Duty
Disability Retiree, is to report back to the City' s Medical
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Police and Fire Retirement System
July 16 , 1991
Director for her one year medical examination.
It was moved by Trustee Benavides, supported by Trustee Goodin that
the Board approve sending Doraine K. Lee, Duty Disability Retiree,
for her one year re-examination.
Adopted by the following vote: Unanimously.
The Chairperson inquired from the Secretary when would the Gabriel,
Roeder, Smith & Company Actuarial Report be available. Mr. Duarte
advised it would be available in approximately 2 to 6 weeks.
It was moved by Trustee Goodin, supported by Trustee Barkyoumb that
the Board excuse Trustee Kus from the Board meeting.
Adopted by the following vote: Unanimously
Mr. Rubley distributed to the Board copies of the portfolio summary
from the National Bank of Detroit for funds evaluation as of July
16 , 1991, and presented a brief overview of the transactions by the
outside money managers.
Mr. Rubley informed the Board during the month of June that
$500, 000 was transferred from the fixed income managers and also
advised that the S & P was down 4.79%.
Trustee McKane left the meeting at 9 : 00 A.M.
Mr. Rubley stated that the bonds held by M.D.Sass were now in legal
default. He advised that the current cash income is $515, 000 and
current out flow is $580 ,000 and he will utilize current cash in
flow to satisfy as much of the current out flow as possible. The
City contribution due approximately 9/1/91 will be 4. 8 million
dollars and, of that amount, approximately 4 million dollars will
be transferred to the Index Fund Manager leaving $800 ,000 for
pension costs during the course of the year. The City remains in
conformance with the guidelines for the investing of 55% in equity
funds.
Mr. Duarte informed the Board that he and Mr. Rubley were working
on the Commission Recapture Program and would try to have it in
place by the first of next year and advised that only Mr. Hal
Rossen, Prudential Bache, was being paid in soft dollars .
Mr. Rubley also stated that there will be a separate report on the
index fund manager since NBD has no involvement in this area and
Mr. Duarte stated that he would try to inspect the operations of
ANB Investment Management & Trust Company, the Board' s new index
fund manager, before investing the $4, 000, 000 .
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Police and Fire Retirement System
July 16, 1991
The Meeting Adjourned at 9 : 25 A.M.
V
Stephen W. Duarte, Secretary
Police & Fire Retirement System
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OFFICIAL PROCEEDINGS OF THE BOARD OF TRUST-E.ES
CITY OF LANSING 01•
POLICE AND FIRE RETIREMENT SYSTEM '91 JUL 2 flA 8 27
Regular Meeting for June June 18 , 1991
8th Floor, Conference Room Tuesday, 8 : 30 A.M.
City Hall
Lansing, Michigan
The Board of Trustees met in regular session and was called to
order by the Chairperson, Jack Cushman, at 8 : 30 A.M.
Present: Trustee Braun, Cushman, Goodin, Kus, and Luzynski - 5
Absent: Trustee Barkyoumb, Benavides and McKane - 3
Present: Jan Lazar, Deputy Finance Director; Ruby White, and
Lesley Ann Seldenright, Finance Dept. ; Melvin McWilliams ,
Chief Assist City Attorney; Peter Alvord, retiree and Mr.
Barry Boughton, Attorney
It was moved by Trustee Luzynski, supported by Trustee Kus that the
minutes of the regular meeting for April 16 , 1991, be approved.
Adopted by the following vote: Unanimously.
The Secretary reported 0 new members, 0 reinstatements, 1 refund
and 4 retired. Total Membership: 548 . Refunds made since the last
regular meeting amounted to $3 , 966 . 97 . Retirement allowances paid
for the month of April, 1991, amounted to $541, 246 . 66 and the month
of May, .1991, amounted to $534, 569 . 94 . Total retirement checks
printed for P&F System 384, total retirement checks printed for all
three systems 846 .
It was moved by Trustee Luzynski, supported by Trustee Kus that the
application for Regular Age and Service Retirement for Rodger L.
LaLonde, Fire Dept. , be approved he having qualified with 25 years
9 months service credit, age 55, effective July 13 , 1991, and that
the Secretary make the necessary transfer of funds.
Adopted by the following roll call vote:
Yeas: Braun, Cushman, Goodin, Kus & Luzynski = 5
Nays: None
Discussion was held re: retirement allowance for the widow of Ernie
Carpenter, Fire Duty Disability retiree.
It was moved by Trustee Luzynski that the Board approve a Death in
Line of Duty pension benefits for the widow of Ernie Carpenter.
Motion failed for lack of a support and was withdrawn.
1
Police and Fire Retirement System
June 18, 1991
It was moved by Trustee Kus, supported by Trustee Luzynski that the
Board approve computing Mrs. Carpenter ' s pension at Age & Service
formula, which is higher than the current minimum amount, and place
the Death in the Line of Duty issue back on the agenda for next
month.
Adopted by the following vote: Unanimously.
Mrs. Lazar advised the Board members of the election results for
the Primary Election for the position of Trustee to the Police and
Fire Retirement System conducted over the period of April 29, 1991
thru May 2 , 1991 stating Gregory C. Braun - 58 votes, Dominic V.
Marcantonio - 22 votes and Mary A. Stevens - 21 votes. In
addition, the election results for the General Election held May
13 , 1991 thru May 16 , 1991, was Gregory C. Braun - 62 votes and
Dominic V. Marcantonio - 25 votes.
It was moved by Trustee Luzynski, supported by Trustee Kus that the
Board concur with the election results as provided by the
Retirement Office.
Adopted by the following vote: Unanimously.
A letter was distributed to the Board from Mr. Duarte, Secretary,
to Acting Police Chief Jerry D. Mills re: thanking him for his
assistance on the recent election of a representative to the Police
and Fire Retirement System Board. The letter was received and
placed on file.
Mrs. Lazar reported on the Earnings Report for Duty Disability
retirees for 1990, stating that there were 30 letters mailed, 14
reports returned and 16 have not yet been returned. Also, that
June 30, 1991 was the deadline for turning in the reports. All of
the retirees picked up the certified mail except Eric Stevens and
Mr. McWilliams , Chief Assist. City Attorney, mentioned that Mr.
Stevens should receive a special letter advising that he is
required to comply for all the years he has not yet done so. Since
Mr. Stevens pension has been stopped he is continuing to pay his
portion for health care and life insurance.
The Board reviewed the list of Duty Disability retirees for the
purpose of deciding if any retirees need to be referred back to the
Medical Director for re-examination.
It was moved by Trustee Luzynski, supported by Trustee Braun that
Gary Guthrie, Daniel Jacque, Doraine K. Lee, Terrell Nadeau and
Steve Willard be re-examined by the Medical Director at such time
necessary for the one year review.
Adopted by the following vote: Unanimously.
2
Police and Fire Retirement System
June 18 , 1991
Mr. Boughton, attorney, for Pete Alvord-Duty Disability Retiree,
addressed the Board re: requesting that the Board not enforce
Section 30 .c of the Charter (re: income over and above the offset) .
Mr. Alvord felt he had not been informed of the guidelines in the
area of earnings, and that he desired not to go to court. Mr.
Boughton indicated that Officers Mills, Reifsnyder, Hufnagel, etc.
had advised him that he had to go out on a disability, and he felt
Mr. Alvord should be treated as "similarly situated" rather than go
to court. A discussion indicated that Mr. Isaac and Mr. Donahue
was based on specific facts and the Board had no apparent authority
to waive the Charter absent a court order, or clear factual errors.
Trustee Luzynski advised that, at the time of his hiring into the
City, he received a copy of the City Charter and that he felt it
was his own responsibility to read it. Discussion continued.
It was moved by Trustee Luzynski that the Board request the City
Attorney provide a legal opinion as to the effect of the court case
of Mr. Donahue and Mr. Isaac and how does this effect the position
with Mr. Alvord. This motion failed for lack of support and was
withdrawn.
The Board held a discussion concerning its fiduciary responsibility
and how it relates to legal matters. Trustee Kus advised the Board
that the Police Department employees must sign in and out each
piece of literature in reference to such information.
Trustee Braun left the meeting at 11: 12 A.M. and returned at 11: 14
A.M.
It was moved by Trustee Goodin, supported by Trustee Luzynski that
the Board excuse Trustee Barkyoumb, Benavides and McKane.
Adopted by the following vote: Unanimously.
Mrs. Lazar distributed to the Board copies of the portfolio summary
from the National Bank of Detroit for funds evaluation as of June
18 , 1991. Mr. Rubley in his absence provided to the Board an
informational sheet on the update of .the investments of the money
managers. Also it was reported that $275 , 000 from the fixed income
manager, M.D. Sass was transferred in May to meet retirement
expenditures . In June 1991, it is estimated that approximately
$500 , 000 will be required to be transferred. These funds will be
requested from Loomis during the month of June.
Mr. Peter Alvord returned to the meeting and addressed the Board
stating that he found no fault with the Board following it
fiduciary responsibility, no problem with being required to provide
an Earnings Report and, also, no problem with these guidelines .
However, Mr. Alvord would appreciate having his entire pension
3
Police and Fire Retirement System
June 18 , 1991
reinstated.
The Meeting Adjourned at 11:23 A.M.
Stephen W. Duarte, Secretary
Police & Fire Retirement System
4
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c`'�' CITY of L A N S I N G
INTEROFFICE EROFFICE COMMUNICATION ...4 .,. ... ,
WE
Mayor Terry J. McKane; City Council President, Lucile E. Belen
TO: and City Clerk, James D. Blair DATE: 05/30/91
FROM:
Chairperson, Jack Cushman, Police & Fire Retirement System
SUBJECT: Change in Board Trustee Member
I wish to inform you that Gregory C. Braun, Police Department, has replaced
Russell McKenzie's vacant Police Trustee position on the Police and Fire
Retirement System Board due to Mr. McKenzie's resignation and active military
duty.
Gregory C. Braun's position became effective May 17, 1991 and expires
December 31, 1992.
Yi Z Wd TC AN T6,