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10-006 II . 1 ORDINANCE 10-~ 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ARTICLE II, OF CHAPTER 18 OF THE BOYNTON 5 BEACH CODE OF ORDINANCES, ENTITLED "EMPLOYEES' 6 PENSION PLAN;" AMENDING SECTION 18-55 DEFINITIONS BY 7 AMENDING THE DEFINITION OF ANNUAL EARNINGS TO INCLUDE 8 DIFFERENTIAL WAGES; AMENDING THE DEFINITION OF 9 EMPLOYEE TO CLARIFY THAT ONL Y FULL TIME EMPLOYEES 10 ARE ELIGIBLE TO PARTICIPATE; DELETING SECTION 18-76 11 POLICEMEN; AMENDING SECTION 18-77 CREDITABLE SERVICE 12 TO INCLUDE MILITARY AND RELATED SERVICE; AMENDING 13 SECTION 18-81 MILITARY AND RELATED SERVICE TO INCLUDE 14 CREDITED SERVICE FOR MEMBERS WHO DIE OR BECOME 15 DISABLED WHILE ON ACTIVE DUTY MILITARY SERVICE; 16 AMENDING SECTION 18-95 DEDUCT CONTRIBUTIONS FROM PA Y 17 TO REMOVE OBSOLETE LANGUAGE; AMENDING SECTION 18- 18 113 DELA YED RETIREMENT TO REMOVE OBSOLETE 19 LANGUAGE; AMENDING SECTION 18-126 DISABILITY 20 RETIREMENT BENEFITS TO ALLOW FOR BENEFITS FOR 21 MEMBER WHO DIE OR BECOME DISABLED WHILE ON ACTIVE 22 DUTY MILITARY SERVICE; AMENDING SECTION 18-128 ELECTIVE 23 BENEFITS TO END FUTURE ENROLLMENTS IN THE ELECTIVE 24 BENEFITS; AMENDING SECTION 18-135 BOARD OF TRUSTEES 25 TO INCREASE TRUSTEE TERMS TO FOUR YEARS; AMENDING 26 SECTION 18-145 CITY OF BOYNTON BEACH INVESTMENT 27 POLICY FOR GENERAL EMPLOYEES' PENSION FUND TO 28 EXPAND PERMISSIBLE INVESTMENTS; DELETING SECTION 18- 29 145.1 CITY OF BOYNTON BEACH GENERAL EMPLOYEES 30 PENSION FUND - STOCKS, BONDS, MUTUAL FUNDS, ETC. AS 31 REDUNDANT; PROVIDING FOR CODIFICATION; PROVIDING FOR 32 CONFLICT; PROVIDING FOR SEVERABILITY; AND, PROVIDING 33 FOR AN EFFECTIVE DATE HEREOF. 34 35 WHEREAS, the Board of Trustees of the Employees' Pension Plan of the City 36 f Boynton Beach, Florida recommends amendment to the Pension Plan as provided 37 erein; and - 1 - II I 1 I WHEREAS, the City Commission of the City of Boynton Beach, Florida, I 2 esires to so amend the Employees' Pension Plan of the City of Boynton Beach, 3 lorida; 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 5 HE CITY OF BOYNTON BEACH, FLORIDA: 6 Section 1. The foregoing "WHEREAS" clauses are hereby certified as being 7 ue and correct and are incorporated herein by this reference. 8 Section 2. The definitions of Annual Earnings and Employee of Section 18- 9 5 of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby 10 mended as follows: 11 ec. 18-55. Definitions. 12 The following words and phrases, as used in this article, unless a different 13 eaning is plainly required by the context, shall have the following meanings, and 14 he same and similar terms when used in connection with any civil service system or 15 ny other ordinance of the city shall not necessarily apply to the members of the 16 etirement system hereby created except when specifically adopted: 17 * * * 18 Annual earnings. Gross earnings received by the employee as compensation 19 or services to the city, including overtime pay. Bonuses shall be excluded. Flexible 20 enefits shall be excluded. Beainnina with Annual earninas after December 31, 21 I . 4 - 2 - II . 1 . . 2 . . . 3 * * * 4 Employee. All full-time persons employed by the city and so classified under 5 ules and regulations and personnel records of the city, including "probational" or 6 ermanent employees. Any appointed officer shall only be qualified under this plan 7 nder one office and that office being the one from which he receives the largest 8 nnual salary, compensation or remuneration. Independent contractors are excluded. 9 10 Section 3. Sec. 18-76 of Article II of Chapter 18 of the Boynton Beach Code 11 f Ordinances is hereby deleted in its entirety as follows: 12 . . . . 13 14 . . , 15 , 16 17 , 18 . . , , 19 20 Section 4. Sec. 18-77 of Article II of Chapter 18 of the Boynton Beach Code 21 f Ordinances is hereby amended as follows: 22 - 3 - II I 1 ec. 18-77. Creditable service. 2 Creditable service for the purpose of calculating benefits for general 3 mployees shall consist of the member's service rendered by the employee since he 4 I st became a member, plus past service, rendered continuously since the 5 mployee's last date of employment as defined in section 18-78 to the date of his 6 eparation from service by reason of death, disability, termination of employment or 7 tirement but not beyond the employee's normal retirement date as described in 8 9 10 11 12 . 13 . 14 Section 5. Sec. 18-81 of Article II of Chapter 18 of the Boynton Beach Code 15 f Ordinances is hereby amended as follows: 16 ec. 18-81. Military and related service. - 4 - II 1 When any member is inducted or enlists into any of the Armed Forces of the 2 nited States, or enlists in any reserve component, enlists in the United States Coast 3 uard, or in any other reserve component, or enters upon active duty in the Armed 4 orces of the United States, the United States Coast Guard, or the United States 5 ublic Health Service in response to an order or call to active duty, and is 6 ubsequently reemployed by the city as a full-time permanent general city employee 7 nder such circumstances that he thereby becomes entitled to return to work for the 8 ity within the time that reemployment rights are granted to him by law, he shall again 9 ecome a member of the plan and shall be given service credit for the credited 10 ervice he had accumulated before entering military or related service and shall 11 gain accumulate additional credited service commencing with the date of his 12 eemployment by the city. If approved by the board such member may also be 13 ranted service credit for the period of time spent in military or related service. 14 . . . 15 16 17 . 18 19 20 21 r . . . . 22 Section 6. Section 18-95 of Article II of Chapter 18 of the Boynton Beach 23 ode of Ordinances is hereby amended as follows: - 5 - II , 1 ec. 18-95. Deduct contributions from pay. 2 The director of finance shall cause contributions provided for in section 18-94 3 f this article to be deducted from the compensation of each member on each and 4 very payroll for each and every payroll except that members who attain normal 5 6 7 8 9 10 . A member's contribution provided for herein shall be 11 ade notwithstanding that the minimum compensation provided by law for any 12 ember shall be changed thereby. Each member shall be deemed to consent and 13 gree to the deduction made and provided for herein and payment of his 14 ompensation less said deduction shall be full and complete discharge of all claims 15 nd demands whatsoever for the service rendered by said member during the period 16 overed by such payment, except as to the benefits provided by this plan. The 17 irector of finance shall cause the amount to be deducted from the compensation of 18 ach member for each and every payroll as authorized by this article and when 19 educted shall be paid into the fund of the plan and shall be credited to the individual 20 ember from whose compensation said deduction was made. 21 Section 7. Section 18-113 of Article II of Chapter 18 of the Boynton Beach 22 ode of Ordinances is hereby amended as follows: - 6 - " I 1 2 ec. 18-113. Delayed retirement. 3 Any employee who does not desire to retire on his normal retirement day may 4 elay retirement. 5 Provided, that any employee who reaches seventy (70) years of age \\'ho does 6 7 8 . . 9 . . , , 10 11 , 12 , 13 . . 14 15 16 17 18 19 20 21 22 - 7 - II 1 Section 8. Section 18-126( c) of Article II of Chapter 18 of the Boynton 2 each Code of Ordinances is hereby amended as follows: 3 ec. 18-126. Disability retirement benefits. 4 * * * 5 (c) Disability exclusions. No member shall be granted a disability pension 6 upon a showing to the satisfaction of the board: 7 1. That the disability resulted from an intentionally self-inflicted 8 wound, injury or ailment, or 9 2. That the disability resulted from the use of narcotics, drugs or 10 alcoholic beverages. or 11 3. That the disability resulted from a member's participation or 12 involvement in riot, insurrection or unlawful assembly, or 13 4. That the disability resulted from a member's participation or 14 involvement in the commission of a crime or unlawful act, or 15 5. That the disability resulted from injury or disease sustained by 16 the member while serving in any armed forces. This exclusion 17 does not affect members who have become disabled as a 18 result of intervenina militarv service under the federal 19 Heroes Earninas Assistance and Relief Tax Act of 2008 (H.R. 20 6081: P .L. 11 0-245); - 8 - II . 1 Section 9. Section 18-128 of Article II of Chapter 18 of the Boynton Beach 2 ode of Ordinances is hereby amended as follows: 3 ec. 18-128. Elective benefits. 4 (a) Effective uoon the oassaae of this Ordinance. members will no 5 lonaer be able to enroll in Elective benefits. Elective benefits are 6 benefits were offered to the members of this plan and were are 7 voluntary elections, the costs of which are borne entirely by the member 8 through payroll deductions during their employment with the city. Such 9 deductions are taxable dollars at the time the deduction is made. 10 Members who were enrolled in elective benefits as of the oassaae 11 of this Ordinance mav continue to oarticioate in these benefits or 12 elect to cancel oarticioation. 1\ member may voluntarily elect to 13 participate in those elective benefits available in order to supplement 14 and enhance their retirement benefits provided pursuant to this plan. 15 (b) Open enrollment. A member may elect to enroll or cancel an elective 16 benefit only during the open enrollment period as orovided bv the 17 Board of Trustees. The open enrollment period shall occur in 18 September of each year. Once an elective benefit is cancelled, any 19 contributions made will remain in the plan until the member is no longer 20 actively employed. Upon such separation from service, contributions 21 Contributions shall be reimbursed to the member on cancellation of 22 the elective benefit and shall only be refunded for the elective - 9 - II . 1 benefit canceled, except as otherv.'ise provided in this section. No 2 interest earnings will be applicable to the premiums contributed .Q[JQ 3 the refunded amount. The cancellation of such elective benefit is 4 irrevocable and the member may not ro enroll f-or such elective benefit 5 in the future. 6 (c) Costs. The costs for all elective benefits are borne by the member 7 through payroll deductions during employment with the city. The cost 8 for each benefit shall be actuarially determined on an annual basis 9 based upon the premiums to fund the various options selected. Any 10 change in rates associated with the elected benefit options selected is 11 passed on to the participant. 12 (d) In the event of death before retirement of any participant, all premiums 13 paid shall be refunded to the beneficiary. If the employee was eligible 14 for normal retirement and the retirement annuity option had already 15 been selected by the employee, the deceased member's earned 16 pension amount will be actuarially reduced to a joint and survivor form 17 and two-thirds (2/3) of this amount will be paid to the survivor for their 18 lifetime. For the twenty-five (25) year retirement at any age benefit 19 option, the retirement factor used shall be the factor which provides the 20 most benefit to the employee. 21 (e) Elective benefits. There were af6 four elective benefits options 22 available. 1\ member may select as many as they desire, but '.\'ill be - 10 - II 1 required to pay for each option selected through a payroll deduction. A 2 member may select either the health insuranoe subsidy or tho health 3 insurance subsidy '.'.lith two percent (2%) per year COLI\, but not both. 4 Onoe either of the health insurance subsidy benefit options is selected, 5 the member may not change to the other form of health insuranoe 6 subsidy benefit option. The elective benefit options were available are 7 as follows: 8 f1J Option 1 A - health insurance subsidy. 9 a. The health insurance subsidy will provide a monthly 10 benefit up to $200 per month upon normal retirement. In 11 the event of death prior to retirement, where the member 12 is eligible for normal retirement and the retirement annuity 13 option has been elected by the employee, the $200 per 14 month will be actuarially reduced to a joint and survivor 15 form of benefit and two-thirds (2/3) of this amount will be 16 paid to the survivor for their lifetime. 17 b. The amount to be received for the health insurance 18 subsidy at retirement is based on years of contributions by 19 the employee. The full benefit of $200 per month is based 20 upon twenty-five (25) years of employees contributions. A 21 prorated benefit will be provided for years of contributions 22 less than twenty-five (25) years. - 11 - II I 1 Illustration for prorated health insurance subsidy: 2 Member age @ hire 30 3 Member age @ retirement 55 4 Years of premium payment 5 5 (5yrs/25yrs = 20%) 6 Monthly benefit $40 7 ($200 subsidy x 20%) 8 Based upon this illustration, the employee contributed for five (5) years 9 which represents 5/25, or twenty percent (20%) of the full benefit calculated 10 period. Therefore, the health insurance subsidy at normal retirement would be 11 twenty percent (20%) of $200, or $40. 12 f2J Option 1 B - health insurance subsidy with two percent 13 (2%) per year COLA. 14 faJ The health insurance subsidy with two percent 15 (2%) Cost of Living Adjustment ("COLA") will provide an 16 initial monthly benefit up to $200 per month at normal 17 retirement in 1999. In the event of death prior to 18 retirement, where the member is eligible for normal 19 retirement, and the retirement annuity option has been 20 selected, the $200 per month will be actuarially reduced to 21 a joint an survivor form of benefit and two-thirds (2/3) of - 12 - II 1 this amount will be paid to the survivor for their lifetime. 2 The $200 per month will be indexed by two percent (2%) 3 per year, compounded for all affected members. 4 fbJ The amount to be received for the health insurance 5 subsidy with two percent (2%) COLA at retirement is 6 based upon years of contributions by the employee. The 7 full benefit of the indexed insurance subsidy per month is 8 based upon twenty-five (25) years of employee 9 contributions. A prorated benefit will be provided for years 10 of employee contributions less than twenty-five (25) years. 11 Illustration for prorated health insurance subsidy with two percent 12 (2%) COLA: 13 Member age @ hire 30 14 Member age @ retirement 55 15 Years of premium payment 8 (8yrs/25yrs = 32%) 16 1 st year monthly benefit $64 ($200 subsidy x 32%) 17 2nd year monthly benefit $65.28 ($204 subsidy x 32%) 18 f3J Option 2 - Cost-of-Living Adjustment ("COLA r~. The Cost 19 of Living Adjustment ("COLA") provides a five percent (5%) 20 deferred COLA commencing five (5) years after retirement and 21 compounded with additional five percent (5%) increases every - 13 - II , 1 three (3) years thereafter. Spouse benefits, if elected, would also 2 be eligible for the COLA, but the actuarial equivalent factors at 3 retirement for conversion to the joint and two-third (2/3) survivor 4 benefit would need to be updated. A prorated benefit will be 5 provided for years of employee contributions less than twenty- 6 five (25) years. 7 Illustration of the Cost-of-Living Adjustment (COLA): 8 Member age @ hire 50 9 Member age @ retirement 62 10 Years of premium payment 12 (12yrs/25yrs = 48%) 11 COLA Benefit 2.4% (5% COLA x 48%) 12 An employee that made full contributions for this elective benefit 13 option would receive a five percent (5%) COLA. Since the illustrated 14 employee contributed 12 years toward the COLA it has been prorated 15 to two point forty percent (2.40%) which represents forty-eight percent 16 (48%) of the fully contributed percentage. 17 (4j Twenty-five (25) year service requirement (any age). The 18 twenty-five (25) year service requirement (any age) would allow 19 the employee to retire with twenty-five (25) years of service, 20 regardless of age. This option will provide an increase in the 21 early retirement factors based upon years contributed. The cost 22 will be actuarially adjusted on an annual basis. A prorated benefit - 14 - II 1 will be provided for years of employee contributions less than 2 twenty-five (25) years. The factors used for retirement based 3 upon years of service are as follows: 4 25 years 72.51 % of calculated benefit 5 26 years 76.91 % of calculated benefit 6 27 years 81.81 % of calculated benefit 7 28 years 87.36% of calculated benefit 8 29 years 93.41 % of calculated benefit 9 30 years 100.00% of calculated benefit 10 Illustration of the twenty-five (25) year service requirement (any 11 age): 12 Member age at hire 20 13 Member age at retirement 45 (25 yrs of service) 14 Years of premium payment 5 (5 yrs/25yrs = 20%) 15 Average pay while contributing $29,700 16 Percentage cost per year 1.89% 17 Aggregate premium $2,807 18 ER factor 72.51 % 19 Adjusted ER factor 78.01 % 20 (27.49 diff (@ 20%) - 15 - II . 1 (Adjusted factor of 72.51% + Differential of (100.00-72.51) 2 x 20%) 3 Section 10. Section 18-135 of Article II of Chapter 18 of the Boynton Beach 4 ode of Ordinances is hereby amended as follows: 5 ec. 18-135. Board of Trustees. 6 (a) Composition of the Board. The composition and terms of the seven (7) 7 members of the Board of Trustees of the Employees Pension Plan of 8 the city are hereby established as follows: 9 f1J The Mayor. 10 f2J The City Manager, or his designee. The appointment of a 11 City Manager designee by the City Manager shall be ratified by 12 the City Commission. 13 t3J Two (2) individual citizens who shall be appointed by the 14 City Commission to serve for three (3) four (4) year staggered 15 terms. 16 t4J One (1) employee representative member shall be elected 17 at-large by the members of the Plan to serve a three (3) four (4) 18 year term. 19 f5J One (1) employee representative member shall be elected 20 to serve a three (3) four (4) year term by all members of the plan 21 from the general membership of the plan, provided the member 22 is a member of a bargaining unit of the city. - 16 - II , 1 f6j One (1) employee representative member shall be elected 2 to serve a three (3) four (4) year term by all members of the plan 3 from the general membership of the plan, provided the member 4 is not a member of a bargaining unit of the city. 5 Section 11. Section 18-145( e) and (f) of Article II of Chapter 18 of the 6 oynton Beach Code of Ordinances is hereby amended as follows: 7 City of Boynton Beach Investment Policy for General 8 mployees' Pension Fund. 9 * * * * * 10 (e) Investment objectives. 11 f1j Investment objectives are intended to provide quantifiable 12 benchmarks to measure and evaluate portfolio return and risk. 13 Most investment styles require a full market cycle to allow an 14 investment manager to demonstrate his abilities. A full market 15 cycle is generally defined as a three (3) to five (5) year period. 16 As a result, performance objectives will be measured over three 17 (3) to five (5) year periods. Monitoring shorter periods may be 18 used to determine the trend of performance premiums or 19 deficiencies. 20 f2j The specific objectives of the Boynton Beach General 21 Employees' Pension Fund are as follows: 22 a. Primary objective: - 17 - II I i II To earn an average rate of return over the long 1 {17} 2 term (three (3) to five (5) years) which exceeds the 3 return of a Target Index. The Target Index for the 4 Boynton Beach General Employees' Pension Fund 5 is defined as a fifty five thirty-five percent (5-& 6 35%) investment in the Russell 1000 3QOO Stock 7 Index, a ten Dercent (10%\ investment in the 8 Russell 2000 Stock Index. a taR twenty percent 9 (W 20%) investment In the MSCI Europe 10 Australasia and Far East Stock Index (EAFE)~ 11 ten Dercent (10%\ investment in the NCREIF 12 ProDertv Index. and a ~enty-five thirty five 13 percent (38 2.5%) investment in the Barclavs 14 CaDital Aaareaate Merrill Lynch Master Bond 15 Index. 16 {27} In addition, it is expected that the total rate 17 of return earned will rank above average when 18 compared to a representative universe of other, 19 similarly managed portfolios. 20 b. Secondary objective: A further goal of the Boynton Beach 21 General Employees' Pension Fund shall be to achieve an 22 average annual rate of return greater than the absolute 23 return of eight percent (8%), over the longer term. This - 18 - II , , 1 absolute return objective will be evaluated in the context 2 of the prevailing investment market conditions. 3 c. Volatility: The volatility of the Fund's total returns is 4 expected to be similar to that of the Target Index and will 5 be evaluated accordingly. 6 t3j The investment objectives set forth herein have been established 7 for the entire Boynton Beach General Employees' Pension Fund. 8 The specific investment objectives for each investment manager 9 will be outlined in separate documents which will be addenda 10 hereto and incorporated herein to this overall statement of 11 investment policy. 12 (f) Investment guidelines. 13 t1j The Board of Trustees has established the following target asset 14 allocation for the entire Boynton Beach General Employees' 15 Pension Fund: Taraet Taraet Ranae Allocation (at market) (at market) Eauitv Securities Domestic Eauitv 45% 30% - 60% Foreian Eauitv 20% 5% - 25% - 19 - II I Fixed Income & Eauivalents Fixed Income 25% 20% - 70% Direct Real Estate 10% 5%-15% Cash Eauivalents 0% 0% - 10% ._.__4- ^ ';:' ._.__4- - -';:'-' ,..... .;:,.... _4- .. {....~ ." -..., T<i1T ""'" I \ ...., ,... :... ---. ,..:~:_- ~Ol I) no/_ 7 r:. 0/_ -.;;T<;T7V -" C:.._..J . ___. ...:4-:__ '1 rOI I)nOI 7no/_ - ~ ._- r'...._h nOI not '" nOt ... rv "'........ 2 3 f2j To implement this strategy, the Board has chosen to hire one or 4 more professional investment managers. Specific assignments 5 and additional guidelines for each Investment Manager will be 6 outlined in addenda to this section. The following guidelines and 7 restrictions apply to all fund investments. 8 f3j In accordance with the policies established by the Board of 9 Trustees, the assets of the Boynton Beach General Employees' 10 Pension Fund shall be invested in a diversified portfolio of fully 11 negotiable, equity, fixed income, and money market securities, 12 provided they meet the following criteria: - 20- " I 1 a. Equity securities: 2 f1-:} Investments in equity securities shall be limited to 3 no more than 70% at market value or 65% w.% at 4 cost valuation of the fund's total asset value; 5 f27} All equity investments shall be limited to fully and 6 easily negotiable equity securities; 7 f37} No more than 5% at cost value of an Investment 8 Manager's equity portfolio may be invested in the 9 shares of a single corporate issuer; 10 f47} Investments in stocks of foreign companies shall 11 be limited to W 25% (at oost market) of the total 12 investment portfolio. American DeDositorv 13 Receipts (ADRs) and foreian ordinarv securities 14 traded on domestic exchanaes are United 15 States dollar-denominated securities listed and 16 traded on a United States exchanae and are 17 considered Dart of the ordinarv investment 18 strateav of the Board. These securities are not 19 considered foreian securities.; 20 f57} Investment in those corporations whose stock has 21 been publicly traded for less than one year are 22 limited to 15% of the equity portfolio; and - 21 - II I 1 {67} Equities may be managed through the purchase of 2 open-end, no-load mutual funds, Exchanae traded 3 funds, or commingled funds. Those 4 securities/funds purchased directly by investment 5 advisors are expected to adhere to the guidelines 6 herein. The Board implicitly accepts the policy of a 7 mutual or commingled fund when it makes a direct 8 investment 9 b. Fixed income securities: 10 {17} The fixed income portfolio shall comply with the 11 following guidelines: 12 (A) The average credit quality of the fixed 13 income portfolio shall be rated "A" or higher; 14 and 15 (B) The duration of the fixed income portfolio 16 should be less than 135% of the duration of 17 the market index. The market index is 18 defined as the Barclavs CaDital Aaareaate 19 Merrill Lynch Master Bond Index. 20 {27} Investments in all corporate fixed income securities 21 shall be limited to: 22 (A) Those securities rated "BAA" or higher by - 22 - i! II I 1 Moody's or by Standard & Poor's rating 2 services. Fixed income securities, which are 3 downgraded below the minimum rating, shall 4 be sold at the earliest beneficial opportunity; 5 (B) Securities issued by a corporation organized 6 under the laws of the United States, any 7 state or organized territory of the United 8 States, or the District of Columbia; and 9 (C) No more than 10% at cost of an Investment 10 Manager's total fixed income' portfolio shall 11 be invested in the securities of any single 12 corporate issuer. 13 {37} Investments in Collateralized Mortgage Obligations 14 (CMOs) shall be limited to 15% of the market value 15 of the Investment Managers' total portfolio and 16 shall be restricted to issues which meet all of the 17 following criteria: 18 (A) All issues must be backed by mortgage 19 securities issued, guaranteed, or fully 20 insured by the Government National 21 Mortgage Association (GNMA), the Federal 22 Home Loan Mortgage Corporation - 23 - II I 1 (FHLMC), the Federal National Mortgage 2 Association (FNMA) or that are rated "Aaa" 3 by Moody's or "AAA" by Standard & Poor's 4 rating services. 5 {47} There is no limit imposed on investments in fixed 6 income securities issued directly by the United 7 States Government or any agency or 8 instrumentality thereof. 9 {57} Fixed income securities may be managed through 10 the purchase of open-end, no-load mutual funds or 11 commingled funds. Those securities/funds 12 purchased directly by investment advisors are 13 expected to adhere to the guidelines herein. The 14 Board implicitly accepts the policy of a mutual or 15 commingled fund when it makes a direct 16 investment. 17 c. Cash equivalent securities: 18 {17} The Investment Manager may invest only in the 19 following short-term investment vehicles: 20 (A) The money market or STIF provided by the 21 plan's Custodian; 22 (B) Direct obligations of the United States - 24- II I 1 Government with a maturity of one year or 2 less; 3 (C) Commercial paper with a maturity of 270 4 days or less that is rated A-1 or higher by 5 Standard & Poor's or P-1 or higher by 6 Moody's; and 7 (D) Bankers acceptances issued by the largest 8 50 banks in the United States (in terms of 9 total assets). 10 (4j Prohibited investments. Investments in interest only or principal 11 only CMOs, precious metals, limited partnerships of any kind, 12 direct investment in real estate, repurchase agreements, venture 13 capital, futures contracts, options contracts, municipal bonds, 14 trading on margin and short selling are prohibited. Investments 15 not specifically addressed in this section are considered 16 prohibited investments. 17 f5j Review of policy. It is the intention of the Board of 18 Trustees of the Boynton Beach General Employees' Pension 19 Fund to review this Statement of Investment Policy and its 20 addenda periodically to amend it to reflect any changes in 21 philosophy or objectives However, if at any time the Investment 22 Manager believes that the specific objectives defined herein - 25 - I II I 1 Government with a maturity of one year or 2 less; 3 (C) Commercial paper with a maturity of 270 4 days or less that is rated A-1 or higher by 5 Standard & Poor's or P-1 or higher by 6 Moody's; and 7 (D) Bankers acceptances issued by the largest 8 50 banks in the United States (in terms of 9 total assets). 10 (4J Prohibited investments. Investments in interest only or principal 11 only CMOs, precious metals, limited partnerships of any kind, 12 direct investment in real estate, repurchase agreements, venture 13 capital, futures contracts, options contracts, municipal bonds, 14 trading on margin and short selling are prohibited. Investments 15 not specifically addressed in this section are considered 16 prohibited investments. 17 f5J Review of policy. It is the intention of the Board of 18 Trustees of the Boynton Beach General Employees' Pension 19 Fund to review this Statement of Investment Policy and its 20 addenda periodically to amend it to reflect any changes in 21 philosophy or objectives. However, if at any time the Investment 22 Manager believes that the specific objectives defined herein - 25 - , I I 1 cannot be met or that these guidelines unnecessarily constrict 2 performance, the Board shall be so notified in writing. 3 Section 12. Section 18-145.1 of Article II of Chapter 18 of the Boynton Beach 4 ode of Ordinances is hereby deleted in its entirety as follows: 5 6 , , , . 7 (a) Investment in stocks issued by companies domiciled outside of the 8 United States '1.';11 be limited to ten (10) percont of the v31ue of the plan's 9 i total 3ssets (at cost). Investment in any singlo stock issue shall not 10 exceed throe (3%) percent of the fund's total value nor shall the equity 11 portfolio's total value (at cost) exceed sixty (60%) percent of the fund's 12 total 3ssets, 'Nith a target of fifty five (55%) percent. 13 , 14 Fund sholl consist only of U.S. Government and U.S. Government 15 Agoncy bonds and/or bonds issued by domestic corporJtions that are 16 rated "A" or better by Moody's or Standard & Poor's rating services. In 17 the event a bond rating drops below 3 rating of "A" it shJII be sold by 18 the investment m3nagor. Investment in Jny single corporate bond issue 19 sh311 not exceed hvo and one half (2X) percent of the fund's totJI value. 20 21 funds are permissible. However, ninety (90) porcent of the securities - 26- II I 1 hold in the mutual or comminglod funds must moot the critoria outlined 2 abovo. 3 . . , , 4 private placoments, short solos and purchoses on margin are 5 prohibitod. 6 . . 7 (3) classifications of a major rating service. 8 , 9 that include warrants for the prico of common stock, are ollowed even if 10 a premium prico is being paid for the convertiblo privilege or for tho 11 warrants, 3t the professional direction of tho investment mon3gor. 12 13 may C3USO up to t'.\'enty (20) porcent of the equity portion of tho general 14 employoos' pension fund to bo in'lostod in stocks v:hose sole critori3 shall be 15 that they are listod on anyone (1) or more of tho recognized national stock 16 oxch3ngos, or NASDAQ. 17 Section 13. It is the intention of the City Commission of the City of Boynton 18 each that the provisions of this Ordinance shall become and be made a part of the 19 ode of Ordinances of the City of Boynton Beach, Florida. The Sections of this 20 rdinance may be renumbered, re-Iettered and the word "Ordinance" may be 21 hanged to "Section," "Article" or such other word or phrase in order to accomplish 22 uch intention. - 27 - II I 1 Section 14. All Ordinances or parts of Ordinances, Resolutions or parts of 2 lResolutions in conflict herewith be and the same are hereby repealed to the extent of 3 ~uch conflict. 4 Section 15. If any clause, section, or other part or application of this 5 rdinance shall be held by any court of competent jurisdiction to be unconstitutional 6 r invalid, such unconstitutional or invalid part or application shall be considered as 7 liminated and so not effecting the validity of the remaining portions or applications 8 emaining in full force and effect. 9 Section 16. Unless otherwise provided by the terms of the Ordinance, this 10 rdinance shall become effective when the following have occurred: 11 (a) The City Commission has received and has accepted a report 12 establishing the actuarial soundness of these amendments; 13 (b) When a collective bargaining agreement ratifying the foregoing changes 14 to pension benefits has been ratified by the City Commission and the 15 General Employees Union SEIU Florida Public Services Union, CTW, 16 CLC (Blue Collar) SEIU Florida Public Services Union, CTW, CLC 17 (White Collar) or their successor organization or bargaining has been 18 waived; and 19 (c) A copy of this Ordinance is transmitted to the State of Florida Division 20 of Retirement. 21 Upon satisfaction of all of the above requirements, then in that event, the 22 erms and provisions of this Ordinance shall become effective. - 28 - I' I 1 FIRST READING THIS ~... DAY OF Fe\orUdL'Y ,2010. ~ 2 SECOND, FINAL READING and PASSAGE THIS ~ DAY OF FebrUAry. 3 010. 4 CITY OF BOYNTON BEACH, FLORIDA 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 33 - 29 -