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04-069 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE 04- 06q AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 18, ARTICLE II, DIVISION S OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA TO AMEND THE INVESTMENT POLICY OF THE GENENRAL EMPLOYEES' PENSION eLAN TO AFFORD THE PENSION PLAN GREATER FLEXIBILITY IN ITS INVESTMENT ALLOCATIONS AND ENHANCE ITS INVESTMENT OPPORTUNITIES; SPECIFICALLY AMENDING SECTION 18-145, ENTITLED, "INVESTMENT OF FUNDS;" PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the General Employees' Pension Board of Trustees ("Board") has determined the necessity to amend the terms of the Investment Policy in order to meet the investment needs of the Plan in an ever-changing investment market: and WHEREAS, on February 20, 2004 the Board approved and recommended amending the Investment Policy, as more particularly set forth herein; and WHEREAS, it is the desire of the City Commission to adopt the changes in the Investment Policy as recommended by the Board; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true and correct and are incorporated herein by this reference. All exhibits attached hereto are hereby incorporated herein. Section 2. The City Commission of the City of Boynton Beach hereby amends the Investment Policy for the General Employee's Pension Fund, as approved CODING: Words ino.. ...... .,,~,.~ ~',,..w~.,t- type are deletion from existing law. Words in underscored type are additions. Page I of 8 S:\CA\Ordinances~Penston\General Employees Amending Investment Policy.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. and recommended by the General Employees' Pension Board of Trustees on February 20, 2004, by specifically amending § 18-145 of the City Code of Ordinances as follows: (d) General Objectil,eS. (1) The pnnarv investment objective of lhe Bovnton Beach General Employees' Pension Fund is the preservation of invested capital. The secondary o_.hbiective is to achieve lnoderate long-term real m'owth {after inflation) while minimizin~ the volatility of returns. _(2) To achieve these objectives, the Board seeks to create a well- diversified and balanced portfolio of high quality equity, fixed income and money market securities. The Board has determined that one or more outside Investment Managers shall be retained to assure that all investments m~e ~ J~h the manaeed in both a prudent and professional manner and in compliance x :'- stated investment ~ouideJines. £e ) Investment Oh/ectivex. _(1) Investment objectives are intended to provide qtlantifiable benchmarks to measure and evaluate portfolio return and risk. Most investment styles require a full marl<el cycle to allow an Investment Manager to demonstrate his abilities. A full market cycle is generally defined as a three to five year time period. As a result, performance objectives will be measured over three to five year periods. Monitorintz shorter periods may be used to determine the trend of performance 1)remiulns or deficiencies. (2) The specific investment objectives of the Bovnton Beach General Employees' Pension Fund are as follows: (A) Primary Objective: i. To earn an avera_oe rate of rettHTt over the lon_o term (3 to 5 years) which exceeds the return of a Tamer Index. The Tamer Index for the Bovnton Beach General Employees' Pension Fund is defined as a 55% investment in the Russell 3000 Stock Index, a 10% investment in the Europe Austrailasia and Far East Stock Index (EAFE) and a 35~{:. investment in the Merrill Lynch Master Bond Index. Page 2 of 8 CODING: Words in sir'ack t~re, agh type are deletion from existing law. Words in underscored, type are additions. S:\CA\OrdinancesXPension\General Employees Amending Investment Policy.doc 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. ii. In addition, it is expected that the total rate of return earned will rank above average when compared to a representati ye uni verse of other, similarly managed portfolios. (B) Secondary Objective: a further ~oal of the Bovnton Beach Genera Employees' Pension Fund shall be to achieve an average annual ]'ate of return greater than the absolute return of 8%. over the lon.ger term. This absolute return objective will be evaluated in the context of the prevailin~ investment market conditions. (C) Volatility: The volatility of the Fund's total returns is expected to be similar to that of the Tar~oet Index and will be evaluated accordin el v. (3} The invesm~ent objectives set fo~lh herein have been established for the entire Bow~ton Beach General Employees' Pension Fund. The specific investment objectives for each investment manao_.er will be outlined in separate documents which shall be addenda hereto and incorporated herein to this overall Statement of Investment Policy. (al_f) hivestment Guidelines. (1) The Board of Trustees has established the following target asset allocation for the entire Boynton Beach General Employees' Pension Fund: Allocation Range (at market) i(at mar,,k, et) l~quity securities ..... ~65~ ~30% Fixed income securities ~35% 30°~'- '~0% ...... Cash 0% 0%- 10% (2) To implement this strategy, the Board has chosen to hire one or more professional investment managers. Specific assignments and additional guidelines for each Investment Manager will be outlined in addenda to this section. The following guidelines and restrictions apply to all fund investments. (3) In accordance with the policies established by the Board of Trustees, the assets of the Boynton Beach General Employees' Pension Fund shall be invested in a diversified portfolio of fully negotiable, equity, fixed income, and money market securities, provided they meet the following criteria: Page 3 of 8 CODING: Words i,, o,...~ ,~, .....~ ................ e,~ type are deletion from existing law. Words in underscored type are additions. S:\CA\OrdinancesLPension\General Employees Amending Investment Policy.doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. a. Equity securities: 1. Investments in equity securities shall be limited to no more than '7tV~;~75t¥ "~ ........... at market valuation value ,,, I "aluat;% of the fund's total asset value; 2. All equity investments shall be limited to fully and easily negotiable equity securities; 3. No more than 5% at cost value of an Investment Manager's equity portfolio may be invested in the shares of a single corporate issuer; 4. Investments in stocks of foreign companies shall be limited to 20% (at cost) of the total investment portfolio; 5 In ............ in equity '~e'c'adti'e,~; "'hose .... "'~: .... ;"" is !ess t,ha~~, Sn t:xi.l.l, ix:x.xa_~h,,ll be 1' ' ' 65. Investment in those corporations whose stock has been publicly traded for less than one year are limited to 15% of the equity portfolio; and 5_6. Equities may be managed through the purchase of open-end, no-load mutual funds or commingled funds. ,~,~.-,,,,.,.o,~ r.,.,,~.-,,~,,,~., ~,,. ............. ,,~,,_~,,,,_. Those securities\funds purchased directly by investment advisors are expected to adhere to the equi~guidelines herein. The Board implicitly accepts the__policy of a mutual or commin_oled fund when it makes a direct investment. b. Fixed income securities: 1. The fixed income portfolio shall comply with the following guidelines: (A) The average credit quality of the fixed income portfolio shall be rated "A" or higher; and (B) The duration of the fixed income portfolio should be less than 150%135% of the duration of the Page 4 of 8 CODING: Words ino~.~ctr,~ *~-... ~,~,~- type are deletion from existing law. Words in underscored type are additions. S:\CA\OrdinancesXPension\General Employees Amending Investment Policy.doc 3 4 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 ORDINANCE NO. market index. The market index is defined as the Merrill Lynch r-. ................ o ............ Master Bond Index. 2. Investments in all corporate fixed income securities shall be limited to: (A) Those securities rated "BAA" or higher by Moody's or by Standard & Poor's rating services. Fixed income securities, which are downgraded below the minimum rating, shall be sold at the earliest beneficial opportunity; (B) Securities issued by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia; and (C) No more than 10% at cost of an Investment Manager's total fixed income portfolio shall be invested in the securities of any single corporate issuer. 3. Investments in Collateralized Mortgage Obligations (CMOs) shall be limited to 15% of the market value of the Investment Manager's total portfolio and shall be restricted to issues which meet all of the following criteria: (A) All issues must be backed by mortgage securities issued, guaranteed, or fully insured by the Government National Mortgage Association (GNMA), the Federal Home Loan Mortgage Corporation (FHLMC), the Federal National Mortgage Association (FNMA) or that are rated "Aaa" by Moody's or "AAA" by Standard & Poor's rating services; and 4. There is no limit imposed on investments in fixed income securities issued directly by the United States Government or any agency or instrumentality thereof. Page 5 of 8 CODING: Words ino~.,~,,o'-'-t' ,t,~,,,,,~,6,,~ type are deletion from existing law. Words in underscored type are additions. S:\CA\OrdinancesXPension\General Employees Amending Investment Policy.doc 1 2 3 4 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 5. Fixed income securities may be managed through the purchase of open-end, no-load mutual funds or commingled funds ,,o ~ ....... ~ .... ~,,,.,a.. ; ........... ':'= Those securities/funds purchased directly bv investment advisors are expected to adhere to the !'ix,cc! :,,ce,,,,~ guidelines herein. The Board im~ accepts the policy of a mutual or commingled fund when it makes a direct investment. c. Cash Equivalent Securities. 1. The investment manager may invest only in the following short-term investment vehicles: (A) The money market or STYF provided by the Plan's custodian; (B) Direct obligations of the United States Government with a maturity of one year or less; (C) Commercial paper with a maturity of 270 days or less that is rated A-1 or higher by Standard & Poor's or P-1 or higher by Moody's; and (D) Bankers acceptances issued by the largest 50 banks in the United States (in terms of total assets). 4. Prohibited Investments. Investments in interest only or principal only CMOs, precious metals, limited partnerships of any kind, direct investment in_E_real estate, repurchase agreements, venture capital, futures contracts, options contracts, municipal bonds, trading on margin and short selling are prohibited. l__nvestlnents not specifically addressed in this section are considered prohibited investments. 5. Review of Policy. It is the intention of the Board of Trustees of the Boynton Beach General Employees' Pension Fund to review this Statement of Investment Policy and its addenda periodically to amend it to reflect any changes in philosophy or objectives. However, if at any tie the Investment Manager believes that the specific objectives defined herein cannot be met or that these guidelines unnecessarily constrict performance, the Board shall be so notified in writing. Page 6 of 8 CODING: Words in s*-'ct' ~ "~ ...... hro,~,., type are deletion from existing law. Words in underscored type are additions. S:\CA\Ordinances\Pension\General Employees Amending Investment Policy.doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ORDINANCE NO. Section 3. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section4. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invahd part or application shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. This Ordinance shall become effective when the following have Section 5. occurred: (a) the City Commission has received and has accepted a report establishing the actuarial soundness of these amendments; and (b) As to bargaining unit members, when a collective bargaining agreement ratifying the foregoing changes to pension benefits has been ratified by the City Commission and the General Employees' Pension Board of Trustees, or their successor organization. Upon satisfaction of all of the above requirements, then in that event, the terms and provisions of this Ordinance shall become effective. FIRST READING this ,3 day of ~,~[t~'r ,2004. Page 7 of 8 CODING: Words in~,. ..... ,.,,.,~- ~',,...,~,,~' type are deletion from existing law. Words in underscored type are additions. S:\CA\Ordinances\Pension\General Employees Amending Investment Policy.doc ORDINANCE NO. SECOND, FINAL t.~lts ~5'r ,2004. ATTEST: (CORPORATE SEAL) READING and PASSAGE this ~ day of CITY OF BOYNTON BEACH, FLORIDA /5 yo'r~ Vice ~ _/ Page 8 of 8 CODING: Words in stpdck through type are deletion from existing law. Words in underscored type are additions. S:\CA\OrdinanceskPension\General Employees Amending Investment Policy.doc