Minutes Index

April 22, 2003 – Board Agenda

Public Session

1.

Call to Order

2.

Roll Call

3.

Approval of the Minutes

4.

Oral Communications

 

4.1

Oral Communications From the Board

 

4.2

Oral Communications From the Public – None

5.

Benefit & Actuarial Services

 

5.1

Adoption of Consent Calendar

 

5.2

Consideration of items removed from Consent Calendar

 

5.3

Introduction of Amendments to the Regulations of the Board of Retirement implementing the new rights of non-vested terminated members granted per Chapter 883 Statutes of 2002

 

5.4

Adoption of Amendments to SamCERA’s Interest Crediting Resolution 98-99-20, relating to the setting, reduction and suspension of interest crediting to member & employer accounts

 

5.5.1

Approval to Continue Medicare Part-B Premium Reimbursement Program per Resolution 97-98-11

 

5.5.2

Authorization to Transfer Fiscal Year 2003-2004 Medicare Part-B Premium Reimbursement Program Appropriation from SamCERA’s Reserve for Deficiencies in Interest Earnings and Other Contingencies to the 401(h) Account per Resolution 98-99-20

 

5.5.3

Authorization to Transfer Fiscal Year 2003-2004 Medicare Part-B Premium Reimbursement Program Appropriation from the Ventura Contingency Reserve to the 401(h) Account – Withdrawn

 

5.6

Acceptance of Mercer Safety & Probation Special Study & Revised Actuarial Valuation

 

5.7

Adoption of Employer and Member Contribution Rates for Fiscal Year 2003/2004

6.

Investment Services

 

6.1

Acceptance of Monthly Portfolio Performance Report

 

6.2

Review & Selection of Optimal Portfolios for the Asset / Liability Modeling Study

 

6.3

Acceptance of Barclay Global Investors Compliance Certification Statement

 

6.4

Annual Global Custodian Review – State Street Bank & Trust Company

 

6.5

Investment Manager Interim Review – Bank of Ireland Asset Management

7.

Board & Management Support Services

 

7.1

Acceptance of Monthly Financial Reports

 

7.2

Acceptance of the Third Quarter Budget Report

 

7.3

Public Hearing on SamCERA’s Fiscal Year 2003/2004 Budgets

 

7.4

Annual Review and Revision of SamCERA’s Internal Controls Policy

 

7.5

Annual Legal Services Review

 

7.6

Acceptance of the Report of the Ad Hoc Committee on Amendments to Mercer Contract

 

7.7

Acceptance of the Recommendations of the Ad Hoc Audit Services Request for Proposals Review Committee & Selection of Auditor

 

7.8

Authorization to file a request for depublication of Westly vs. California Public Employees’ Retirement System Board of Administration with the California Supreme Court

 

7.9

Authorization to Procure Fiduciary Liability Insurance

8.

Approval or Acceptance of Reports

 

8.1

Chief Executive Officer's Report

 

8.2

County Counsel's Report – None

 

8.3

Investment & Finance Manager’s Report

 

8.4

Assistant Executive Officers’ Report

9.

Adjournment

 

April 22, 2003 – Board Minutes, as amended

 
   

0304.1

Call to OrderMr. Bryan, Chair, called the Public Session of the Board of Retirement to order at 1:00 p.m., April 22, 2003 in SamCERA’s Board Room, Suite 125, 100 Marine Parkway, Redwood Shores.

 
     

0304.2

Roll Call:  Mr. Bryan, Ms. Colson, Mr. Cottle, Mr. Lewis, Mr. McMahon, Ms. Salas, Ms. Stuart & Ms. Tonsfeldt.  Ms. Arnott for Mr. BuffingtonStaffMr. McCausland, Mr. Hood, Mr. Clifton & Ms. LamicaCounselMs. CarlsonConsultantsMs. Chapman, Dr. Fracchia, Mr. Gessell, Ms. Jadallah & Mr. YeungCustodian: 4, Retirees: 1, County: 2.

 
     

0304.3

Approval of the MinutesMs. Arnott submitted the following corrections:  0303.5.4 ¶6 L1:  “Ms. Salas noted that the transfer…”; 0303.8.4¶1L3&4:  “…access from the web.  He also noted, but that he had heard…”  Motion by Cottle, second by Colson, carried unanimously, to approve the Minutes of the meeting of March 25, 2003, as corrected.

 
     

0304.4.1

Oral Communications From the BoardMs. Stuart reported that she and members of SCORPA have been attending the meetings of the Board of Supervisors and are meeting with individual Supervisors to inform them of the importance of SamCERA’s Medicare Part-B Premium Reimbursement Program and to ask for the Supervisors’ support for its continuation.

 
     

0304.4.2

Oral Communications From the Public:  None.

 
     

0304.5

Benefit & Actuarial Services

 
 

 

 

0304.5.1

Adoption of Consent CalendarWithout objection, Mr. Bryan removed the application of Shiri Ram from the Consent Calendar (Mr.Lewis).  Motion by Stuart, second by Salas, carried unanimously, to adopt the Consent Calendar as amended, as follows:

 
     
 

Disability Retirements:  The Board (a) finds that Colleen Morales is unable to perform the duties of a Custodian, (b) finds that her disability is Service-connected and (c) GRANTS her application for Service-connected Disability.

 
 

Routine Actions:  The Board ratifies the following routine actions taken by staff pursuant to the Board's Delegation of Authority and the Regulations of the Board of Retirement:

 
     
 

Service Retirements:

 
   
 

Floyd, Evelyn

G2 (from deferred)

Crystal Springs Rehabilitation Ctr.

 
 

Cannon, Helen

G2 (from deferred)

San Mateo County Medical Center

 
 

Rescinded Retirements:

     
 

Tolani, Kam

March 29, 2003

Department of Public Works

 
 

Deferred Retirements:

     
 

Aguilar, Duliamaria

G4 non vested

Reciprocity

 
 

Bastidas, Leticia

G4 non vested

Reciprocity

 
 

Cox, Melissa

G4 non vested

Reciprocity

 
 

Fattah, Hala

G4 non vested

Reciprocity

 
 

Ferrick, George

G4 non vested

Reciprocity

 
 

Gabriel, Matthew

G4 non vested

Reciprocity

 
 

Jimenez, Lorayne

G4 non vested

Reciprocity

 
 

Miller, Richard

G4 non vested

Reciprocity

 
 

Rothberg, Jill

G4 non vested

Reciprocity

 
 

Soriano, Rommel

G4 non vested

Reciprocity

 
 

Wilson, Jean

G4 non vested

Reciprocity

 
 

Parsad, Shamarlata

G4 non vested

Reciprocity

 
 

Peck, Julie

G2 vested w/reciprocity

   
 

Vail, Mary

G2 vested

   
 

Khelawan, Praveen

G2 vested

   
 

Refunds for March 2003

     
 

Amador, Olga

G4 non vested

$3,414.11

 
 

Bender, Leslie

G4 non vested

$17,677.91

 
 

Bhan, Chandra

G4 non vested

$1,992.88

 
 

Johnson, Brandy

G4 non vested

$4,836.69

 
 

Zanetti-Hardest, Rebecca

G4 non vested

$11,048.17

 
 

Total Refunds

 

$38,969.76

 
 

Rollovers for March 2003

     
 

Krijger, Lisa

G4 non vested

$7,913.66

 
 

Teal, Robert

G4 non vested

  $3,710.44

 
 

Total Rollovers

 

$11,624.01

 
     

0304.5.2

Consideration of items removed from Consent CalendarDr. Fracchia reviewed new medical reports that had been submitted to Counsel just prior to the Hearing on Mr. Ram’s appeal of the Board’s August 28, 2001 denial of his application.  Dr. Fracchia reversed his earlier recommendation to the Board based on the additional evidence in the new medical reports.  Dr. Fracchia recommended that the Board grant Mr. Ram’s application.  Motion by Lewis, second by Salas, carried unanimously, (1) to rescind the Board’s action of August 28, 2001 that denied Shiri Ram’s application for Service-connected Disability and granted him a Non-Service Connected Disability Retirement and (2) (a) to find that Shiri Ram is unable to perform the duties of a Storekeeper, (b) to find that his disability is service-connected and (c) to GRANT his application for Service-Connected Disability.

 
     

0304.5.3

Introduction of Amendments to the Regulations of the Board of Retirement implementing the new rights of non-vested terminated members granted per Chapter 883 Statutes of 2002Mr. McCausland introduced the amendments to the Regulations and noted that they would be set for a Public Hearing on May 27th.  He noted that the amendments would be revised to terminate the crediting of interest to the accounts of non-vested, non-reciprocal terminated members per GC§31591.  Without objection, Mr. Bryan set the amendments for Public Hearing on May 27th.

 
     

0304.5.4

Adoption of Amendments to SamCERA’s Interest Crediting Resolution 98-99-20, relating to the setting, reduction and suspension of interest crediting to member & employer accountsMr. McCausland noted that he had distributed the results of the survey the Board had instructed him to conduct during the March meeting.  He noted that SamCERA may be the only ’37 Act County with an explicit policy of crediting all net earnings to actuarial reserves.  He noted that many systems routinely set “excess earnings” aside for ad hoc benefits. 

Mr. McCausland noted that the proposed amendment to the interest crediting policy would set the minimum amount that can be credited to member accounts to zero, while limiting the maximum amount to the lesser of the average rate on six-month US Treasury Bills sold at the last auction prior to the date of interest crediting or one-half of the per annum actuarial interest rate.  No interest would be credited to member accounts during periods in which earnings on the actuarially smoothed value of assets is less than one-half of the actuarial rate.  Ms. Stuart moved and Ms. Salas seconded the staff recommendation to amend the interest crediting policy.

Mr. Scannell recommended that the Board refrain from taking action until the Board of Supervisors considers and acts on the Medicare Part-B Funding issue.  Mr. Bryan noted that the Board’s action would be a recommendation to the Board of Supervisors, but that the Supervisors still retain the authority to determine whether or not the benefit would be taxable.  Mr. Scannell reviewed the history of the Medicare Part-B program as reflected in earlier minutes and the provisions of the resolutions before the Board.  He argued that the Medicare Part-B program should be suspended in the absence of earnings in excess of the actuarial interest rate.

Ms. Stuart asked Mr. Scannell how the County could grant extravagant new retirement benefits to active employees and then attack the retirees’ Medicare Part-B program.  Mr. Scannell replied that the active employees’ benefits were negotiated at the bargaining table, but that Medicare Part-B is at risk because its funding is in jeopardy as a result of the poor performance of the investment markets. 

Ms. Colson and Ms. Tonsfeldt noted that the amendment in the resolution does not impact the Medicare Part-B program, which is the issue in Agenda Item 0304.5.5.1.  Mr. McCausland removed the word “continuous” from the next to last line of the staff report at the request of Ms. Colson.  Without objection, the mover and seconder agreed to add “pursuant to Resolution 97-98-11” per the request of Ms. ColsonMr. Bryan then called for the question.

Motion by Stuart, second by Salas, carried unanimously, to amend Resolution 98-99-20, Interest Crediting Policy, as follows:

 
     
 

Whereas, Government Code §31591 states, in part, that regular interest shall be credited semiannually on June 30th and December 31st to all contributions in the retirement fund which have been on deposit for six months immediately prior to such date...; &

Whereas, Government Code §31592 provides that earnings of the retirement fund during any year in excess of the total interest credited to contributions and reserves during such year shall remain in the fund as a reserve against deficiencies in interest earnings in other years, losses on investments and other contingencies...; &

Whereas, Government Code §31453 provides that with respect to the rates of interest to be credited to members and to the county or district, the board may, in its sound discretion, recommend a rate which is higher or lower than the interest assumption rate established by the actuarial survey; &

Whereas, The May 23, 1996 Board Minutes, provide for the implementation of Governmental Accounting Standard #25, as follows: 

(1) to use the fair market value of assets for the Statement of Net Plan Assets, (2) to use the actuarial value of assets as the accounting basis for the '37 Act mandated reserves included in the required GAS 25 footnote, (3) to add a Market Stabilization item to the reserves footnote to balance with the fair market value of assets, (4) to set aside 1% of the fair market value of assets as the Unallocated Fund Balance at the end of each fiscal year, (5) to use the net earnings on the actuarial value of assets for the purpose of recommending to the Board the amount available for the crediting of "interest" to the reserves and (6) to credit all "interest" to all reserves on a dollar weighted basis; &

Whereas, the Board wishes to amend clarify its interest crediting policy as set forth in Resolution 97-98-21.  Therefore, be it

Resolved that the Board hereby authorizes the Chief Executive Officer to calculate the net earnings of the Retirement Fund based upon the actuarially smoothed market value of assets as of June 30th of each fiscal year.  Be it further

Resolved that the Board hereby credits the net earnings of the Retirement Fund to the Reserves of the Association in the following order:

(a) First on June 30th and December 31st, to Member Reserves, interest at the lesser of (1) the average rate on six-month US Treasury Bills sold at the last auction prior to the date of interest crediting or (2) one-half of the per annum actuarial interest rate on contributions and interest on deposit for the preceding six months, except that such credit shall be suspended during periods in which the estimated semi-annual return on the actuarially smoothed market value of assets is less than one-half of the per annum actuarial interest rate.

(b) Second on June 30th, to the Reserve for Deficiencies in Interest Earnings and Other Contingencies, established pursuant to GC§31592, the positive or negative amount necessary to maintain such Reserve at 1% of the fair market value of the assets in the Retirement Fund.

(c) Third on June 30th, to the Reserve for Deficiencies in Interest Earnings and Other Contingencies, the amount necessary when added to the balance of the current fiscal year's allocation to equal the employer contributions estimated by the actuary for Medicare Part-B Premium Reimbursements pursuant to Resolution 97-98-11, as amended, in the coming fiscal year.

(d) Fourth on December 31st, to Employer Reserves, interest at one-half of the per annum actuarial interest rate on contributions and interest on deposit for the preceding six months, except that such credit shall be suspended during periods in which the estimated semi-annual return on the actuarially smoothed market value of assets is less than one-half of the per annum actuarial interest rate.

(e) Fifth on June 30th, to Employer Reserves, the positive or negative balance of net earnings.  Be it further

Resolved that the Board hereby authorizes the Chief Executive Officer to implement the provisions of this resolution and to report semi-annually on the amounts so credited.

 
     

0304.5.5.1

Approval to Continue Medicare Part-B Premium Reimbursement Program per Resolution 97-98-11Mr. McCausland noted that a joint meeting with the Board of Supervisors would be appropriate as soon as the current fiscal crisis is under control.  He suggested, however, that if the Board does not forward a recommendation to the Board of Supervisors at this time then there is no means in the current environment for the Supervisors to gain an understanding that the funding for the program is not going to impact the current year’s budget, but will rather become part of the unfunded liability to be retired over the following nineteen years. 

Ms. Colson noted that it is important for the Board of Supervisors to understand how the funding mechanism works and to let them make their own decision.  She stressed the importance of having the matter brought back to this Board for further debate if the Board of Supervisors votes not to continue the program.  Mr. McCausland noted that the item would be sent to the Board of Supervisors as a stand-alone item. 

In response to questions, Mr. McCausland reported that each provision of Resolution 97-98-11 had been carefully crafted to incorporate the Internal Revenue Service’s requirements.

Motion by Salas, second by Stuart, carried unanimously (Tonsfeldt was not present for the vote), (1) to recommend that the Board of Supervisors continue the Medicare Part-B Premium Reimbursement program for fiscal year 2003-2004 and (2) to instruct staff to bring the matter back to the Board for further debate if the Board of Supervisors does not elect to continue the program.

 
     

0304.5.5.2

Authorization to Transfer Fiscal Year 2003-2004 Medicare Part-B Premium Reimbursement Program Appropriation from SamCERA’s Reserve for Deficiencies in Interest Earnings and Other Contingencies to the 401(h) Account per Resolution 98-99-20:  Mr. McCausland reviewed the funding mechanism for generating “excess earnings” in the current investment environment.  Ms. Colson reiterated her desire to have the Board debate the program further if the Board of Supervisors does not elect to continue the program.  Mr. Scannell reiterated his point that the current investment market is not generating returns in excess of the actuarial interest rate and therefore, in his view, there is no basis for funding the Medicare Part-B program.

Motion by Cottle, second by Lewis, carried unanimously to adopt Resolution 02-03-10, as follows:

 
     
 

Whereas, Resolution 97-98-11 as amended sets forth the policy & procedures for SamCERA's Medicare Part-B Reimbursement Program; and

Whereas, Resolution 98-99-20 as amended provides excess earnings as defined in GC§31592.2 & §31592.4 for the purpose of funding SamCERA’s Medicare Part-B Reimbursement Program; and

Whereas, the Board has received, reviewed and approved the reports and recommendations from its actuary, Mercer, and the Chief Executive Officer setting forth the changes necessary to assure the actuarial soundness of the Retirement Fund and to continue the Medicare Part-B Premium Reimbursement Program.  Therefore, be it

Resolved that the Board, pursuant to Resolutions 97-98-11 and 98-99-20, hereby

(a)  certifies that the actuarial funding ratio as of June 30, 2002 exceeded 80%;

(b)  appropriates $1,435,000 to the Medicare Part-B Premium Reimbursement Program from excess earnings;

(c)  requests that the Board of Supervisors contribute $1,435,000 to the 401(h) Reserve for the continuation of the Medicare Part-B Premium Reimbursement Program through Fiscal Year 2003-2004;

(d)  requests that the Board of Supervisors instruct the Controller to make such contribution as a one-time lump sum deduction from the first biweekly employer contributions paid in accordance with the contribution rates set forth above, in an amount equal to the difference between $1,435,000 and the balance remaining in the 401(h) Reserve on July 1, 2003, as certified by the Chief Executive Officer;

(e)  requests that the Board of Supervisors instruct the Controller to specifically designate in writing at the time of such contribution that it is being made only to the 401(h) Reserve;

(f)  instructs the Chief Executive Officer to transfer to the County Advance Reserve from excess earnings in the Reserve for Deficiencies in Interest Earnings and Other Contingencies an amount equal to the net amount contributed to the 401(h) Reserve by the Board of Supervisors per Resolution 98-99-20 as amended;

(g)  certifies to the Board of Supervisors that the provisions of Resolution 97-98-11 as amended shall govern the management of SamCERA's 401(h) Reserve program and all County contributions thereto.  Be it further

Resolved that the Chief Executive Officer is hereby authorized to transmit these requests and certifications to the Board of Supervisors and to take all actions necessary to provide for their implementation effective July 1, 2003.  Be it further

Resolved that the Chief Executive Officer is hereby instructed to place this matter on the next Board Agenda for further debate in the event that the Board of Supervisors fails to contribute to the 401(h) reserve prior to the July payment of SamCERA benefits.

 
     

0304.5.5.3

Authorization to Transfer Fiscal Year 2003-2004 Medicare Part-B Premium Reimbursement Program Appropriation from the Ventura Contingency Reserve to the 401(h) AccountMr. McCausland noted that the adoption of the resolution in Agenda Item 5.5.2 resolved the funding issue.  Consequently, he withdrew Agenda Item 5.5.3.

 
     

0304.5.5.4

Acceptance of Mercer Safety & Probation Special Study & Revised Actuarial ValuationMr. McCausland noted that the actuaries had been very busy trying to keep up with San Mateo County’s changing benefit structure this year.  He reported that the estimated aggregate employer contribution rate would reach 18.69% next year with the addition of the new Safety & Probation formulas.  He reported that the actuarial Funding Ratio declined to 85.3%, while the Unfunded Actuarial Accrued Liability grew to $243.7 million with the new formulas.  He highlighted revisions to the valuation that reflected the inclusion of separate Probation Member Contribution Rates for Plans 1 & 2 vs. Plan 4. 

Mr. Cottle commented on how disturbing the deterioration in actuarial funding status is for the trustees. 

In response to a question from Ms. Stuart, Mr. McCausland reported that five major factors account for the increase in the aggregate contribution rate from 11.66% this year to 18.69% next year.  Those five factors are as follows:  (1) revised non-economic assumptions account for ~25% of the gross increase, (2) investment shortfalls account for ~23% of the gross increase, (3) improved General Member benefits account for ~22% of the gross increase, (4) improved Safety & Probation Member benefits account for ~30% of the gross increase and (5) the extension of the funding period to 20-years accounted for an ~18% reduction to the gross increase.  Without objection, Mr. Bryan accepted Mercer’s Safety & Probation Special Study & SamCERA’s Revised Actuarial Valuation and authorized payment.

 
     

0304.5.5.5

Adoption of Employer and Member Contribution Rates for Fiscal Year 2003/2004:  In response to questions from the Board, Mr. McCausland reviewed the components of the contribution rate resolution.  Mr. Clifton noted that the ‘37 Act requires the Board of Supervisors to adopt the rates recommended by the Board and its actuary.  Motion by Salas, second by Stuart, carried unanimously to adopt Resolution 02-03-11, as follows:

 
     
 

Whereas, Government Code §31453 mandates the periodic actuarial valuation of the Retirement Fund and requires that the Board...shall, at least 45 days prior to the beginning of the succeeding fiscal year, recommend to the Board of Supervisors such changes in the rates of interest, in the rates of contributions of members, and in the county and district appropriations as are necessary...; and

Whereas, the County of San Mateo has entered into agreements to implement new General Member, Safety Member & Probation Member benefit formulas in Fiscal Year 2003-2004; and

Whereas, the Board has received, reviewed and approved the reports and recommendations from its actuary, Mercer, and the Chief Executive Officer setting forth the changes necessary to assure the actuarial soundness of the Retirement Fund.  Therefore, be it

Resolved that the Board hereby adopts the actuary's recommended Employer Contribution Rates for Fiscal Year 2003-2004 for the County and Mosquito Abatement District in accordance with the following schedule, as a percentage of covered salaries,

 
   

Plan 1

Plan 2

Plan 3

Plan 4

 

effective July 6, 2003:

       
 

General Member Rates:

       
 

Normal Cost

11.58%

10.67%

6.70%

8.95%

 

Contribution to Unfunded Accrued Actuarial Liability

  6.43%

  2.46%

2.00%

  1.56%

 

Total General Member Rates

18.01%

13.13%

8.70%

10.51%

           
 

Safety Member Rates:

       
 

Normal Cost

21.64%

18.02%

None

16.23%

 

Contribution to Unfunded Accrued Actuarial Liability

10.04%

  4.79%

None

  3.49%

 

Total Safety Member Rates

31.68%

22.81%

 

19.72%

           
 

Probation Member Rates:

       
 

Normal Cost

27.06%

17.02%

None

14.45%

 

Contribution to Unfunded Accrued Actuarial Liability

  4.23%

  4.40%

None

  2.99%

 

Total Probation Member Rates

31.29%

21.42%

 

17.44%

           
 

effective upon implementation of GC§31676.16 (2% @ 55):

 
 

General Member Rates:

       
 

Normal Cost

13.56%

11.80%

6.70%

9.77%

 

Contribution to Unfunded Accrued Actuarial Liability

  8.51%

  4.54%

4.08%

3.64%

 

Total General Member Rates

22.07%

16.34%

10.78%

13.41%

           
 

effective upon implementation of GC§31664.2 (3% @ 55):

 
 

Safety Member Rates:

       
 

Normal Cost

25.06%

21.91%

None

20.14%

 

Contribution to Unfunded Accrued Actuarial Liability

17.37%

12.12%

None

10.82%

 

Total Safety Member Rates

42.43%

34.03%

 

30.96%

           
 

Probation Member Rates:

       
 

Normal Cost

32.70%

25.12%

None

19.51%

 

Contribution to Unfunded Accrued Actuarial Liability

  8.61%

  8.78%

None

  7.37%

 

Total Probation Member Rates

41.31%

33.90%

 

26.88%

 

Be it further

Resolved that the Board hereby adopts the actuary's recommended Entry Age Member Contribution Rates for the County and Mosquito Abatement District in accordance with the schedule set forth in the Attachment entitled Member Contribution Rates, [per page 86 of the Revised Actuarial Valuation Report as submitted April 17, 2003] as a percentage of covered salaries, effective July 6, 2003.  Be it further

Resolved that the Board hereby adopts the 15% Adjusted Probation Entry Age Member Contribution Rates in accordance with the Memorandum of Understanding, effective October 12, 2003.  Be it further

Resolved that the Board hereby adopts the 1% of covered payroll Cost Sharing Member Contribution for General Members as set forth in the ratified County Memorandums of Understanding or Mosquito Abatement District enabling resolution payable without regard to any other provision of law, effective August 30, 2003.  Be it further

Resolved that the Board hereby adopts the 2% of covered payroll Cost Sharing Member Contribution for Safety Members as set forth in the ratified County Memorandums of Understanding payable without regard to any other provision of law, effective upon implementation of GC§31644.2 (3% @ 55).  Be it further

Resolved that the Board hereby adopts the additional 1% of covered payroll Cost Sharing Member Contribution for Safety Members as set forth in the ratified County Memorandums of Understanding payable without regard to any other provision of law, effective January 4, 2004.   Be it further

Resolved that the Board hereby adopts the 1.5% of covered payroll Cost Sharing Member Contribution for Probation Members as set forth in the ratified County Memorandums of Understanding payable without regard to any other provision of law, effective October 12, 2003.  Be it further

Resolved that the Board hereby adopts the additional 1% of covered payroll Cost Sharing Member Contribution for Probation Members as set forth in the ratified County Memorandums of Understanding payable without regard to any other provision of law, effective January 4, 2004.  Be it further

Resolved that the Board hereby orders the Chief Executive Officer to refund the sum of the 1% of covered payroll Cost Sharing Member Contributions and interest credited thereon collected from each General Member age 65 or greater who retires during the period of time that GC§31676.16 is operative in San Mateo County or the Mosquito Abatement District.

 
     

0304.6

Investment Services                  

 
     

0304.6.1

Acceptance of Monthly Portfolio Performance ReportMr. Clifton reported that this is the first month that the five-year total time-weighted rate-of-return has dipped into negative territory.  He noted that during the Investment Committee meeting Mr. Buffington had highlighted the fact that benefit payments exceeded contributions and investment income for the past two years, a situation which warrants concern for any open system. 

 
 

Asset Class

Market Value

1-Month

1-year TTWRR

5-year TTWRR

 
 

Domestic Equity

$  536,810,569

1.09%

-25.05%

-4.49%

 
 

International Equity

150,511,997

-1.80%

-25.94%

-5.37%

 
 

Total Equity

$  687,322,566

0.44%

-25.35%

-5.54%

 
 

Fixed Income

357,812,434

0%

11.58%

7.61%

 
 

Real Estate Aggregate

64,836,536

3.74%

14.45%

7.95%

 
 

Cash Equivalents

6,339,876

0.15%

2.61%

   
 

Total Fund

$1,116,311,413

0.48%

-12.07%

-0.27%

 
 

Benchmark

 

0.33%

-12.94%

-0.35%

 
     
 

Without objection, Mr. Bryan accepted the report.

 
     

0304.6.2

Review & Selection of Optimal Portfolios for the Asset / Liability Modeling StudyMs. Jadallah and Mr. Gesell reported that Strategic Investment Solutions had generated an array of five potential asset allocations using the parameters set by the Board.  The array covered a range of allocations, from conservative to aggressive.  She reported that the Investment Committee engaged in extensive discussions of the allocations that included consideration of what has been transpiring in the investment markets. At the conclusion of the discussion, the Committee instructed SIS to prepare a broader array of conservative asset allocations.  In addition, the Committee instructed SIS to do an additional array that considers core-plus and high-yield allocations.  Ms. Colson noted that if the Board tilts the allocation toward fixed income, then it would likely be necessary to incorporate core-plus and high-yield components.   Mr. Cottle noted that the new studies would be presented to the Committee in May.  Without objection, Mr. Bryan accepted the report.

 
     

0304.6.3

Acceptance of Barclay Global Investors Compliance Certification StatementMr. Clifton noted that BGI continues to manage 65% of the Retirement Fund.  He noted that BGI has a new Chief Operating Officer and a new Chief Investment Officer for active equity products.  He noted that there was nothing else out of the ordinary in the Compliance Certification Statement.  Without objection, Mr. Bryan accepted Barclay Global Investors Compliance Certification Statement.

 
     

0304.6.4

Annual Global Custodian Review – State Street Bank & Trust Company:  Karen Jacobs, Director & Senior Vice President, introduced Bernie McCrossan, Vice President; Asim Azfar, Client Service Officer and Lisa Massena, State Street Analytics.  She noted that Peter Gleason is stationed in Kuwait where he is doing well. 

Ms. Jacobs reported that the acquisition of Deutsche Bank’s custody operations fit well with State Street’s focus and gives the organization a much stronger global presence.  She noted that State Street now provides custody services for 42% of US pension funds over $10 million.  85% of State Street’s revenues are derived from custody related services.  She reviewed the roles of the 100 State Street employees servicing clients out of the Alameda operations center.

Mr. McCrossan reviewed Insight, State Street’s current technology platform that Mr. Clifton uses regularly, and the expanded benefits and features of the firm’s new web-based my.statestreet.com, that is currently in beta testing.

Ms. Massena reported that she manages the analytics group that provides SamCERA’s monthly performance and analytics reports.  She and her team of 18 service 32 clients from the Alameda office.  She noted that State Street can also provide performance comparisons against their $1.2 trillion universe.  She described State Street’s ability to provide performance, attribution and risk measurement services through both Insight and my. statestreet.com.  In response to a question from Ms. Colson, Mr. McCausland noted that the current version of statestreet.com contains a great deal of information of general interest and that there should be no problem with providing view-only access to my.statestreet.com. 

Ms. Jacobs noted that State Street has been on time, every time since entering into its contract with the Board.  In response to a question from Mr. Cottle, Ms. Jacobs noted that State Street keeps staff informed on all pending litigation relevant to SamCERA’s assets in State Street’s custody. 

In response to a question from Mr. Cottle, Ms. Jacobs reported that State Street (1) has no plans to revise fees when it is time to renew the contract, (2) however fees would change for actively managed portfolios and (3) a new securities lending program would incur new fees, (4) while the current fee related to the absence of a securities lending program would then be rescinded. 

Mr. Cottle stated that the trustees would like State Street to revisit the potential for a Securities Lending program and its fees with the Investment Committee.  Ms. Jacobs noted that State Street would be pleased to bring a Securities Lending expert to meet with the Board.  In response to a question from Ms. Colson, Ms. Jacobs stated that a typical securities lending split is 60/40, but it depends on the securities in the program and the level of activity.  Without objection, Mr. Bryan accepted the report.

 
     

0304.6.5

Investment Manager Interim Review – Bank of Ireland Asset ManagementMs. Colson reported that Padraig Connolly, Vice President Client Services, and John Forde, Senior Equity Manager, provided the Investment Committee with an update on BIAM.  She reported that the firm is stable and that their investment process remains focused on “bottoms up”.  She reported that the Committee reviewed BIAM’s emphasis on thematic investing, noting that the Committee believes that careful stock selection is critical in the current market environment.  The forward price earnings ratio on SamCERA’s BIAM portfolio is 14, which is the lowest any of those stocks have been since around 1997.  She reported that the Committee found that (1) there is nothing terribly wrong with the organization and the investment approach, (2) BIAM’s style has been out of favor, (3) the stocks in the portfolio are cheap right now and (4) the investment management team has been stable.  The Committee recommends continuing as is until the asset allocation study is completed.  She reported that the Committed concluded that it is not necessary to place BIAM on a watch list at this time.  Without objection, Mr. Bryan accepted the report.

 
     

0304.7

Board & Management Support Services

 
     

0304.7.1

Acceptance of Monthly Financial ReportsMr. Clifton submitted the Monthly Financial Reports. 

The Fair Market Value of the Retirement Fund declined $102.4 million between June 30, 2002 and March 31, 2003.  This decline reflects the net of a decline of (1) $105.7 million in the Market Value of the Investment Portfolio, (2) $52.4 million in Benefit Payments and (3) $4.0 in Professional and Administrative Expenses versus income of (4) $32.9 million in Employer Contributions, (5) $15.1 million in Member Contributions and (6) $11.7 million in Interest and Dividends.  Without objection, Mr. Bryan accepted the report.  

 
     

0304.7.2

Acceptance of the Third Quarter Budget ReportMr. Clifton reported that with 75% of the fiscal year completed, Administrative expenditures to date represented 61.3% of the total $2,055,000 appropriated for the fiscal year, as augmented April 22nd

 
     
   
Category

Expended

% Expended

   
   

Salaries & Benefits

$658,764

63.2%

   
   

Services & Supplies

600,145

59.2%

   
   

Fixed Assets

0

     
   

Total Budget

$1,258,909

61.3%

   
             
 

Professional Expenses accrued year-to-date total $1,752,328, or 71% of the estimated total for the year.  Mr. Clifton noted that expenditures for actuarial services had more than doubled as a result of the numerous actuarial studies required with the analysis of alternative actuarial assumptions and the various new benefit formulas.  

The budget reports also included a review of education expenses year-to-date and status reports on SamCERA’s Budget Initiatives and Risk Management Matrix.  Without objection, Mr. Bryan accepted the report.

 
     

0304.7.3

Public Hearing on SamCERA’s Fiscal Year 2003/2004 BudgetsMr. Clifton noted that the Budget was more or less unchanged from the April submission, with the exception of the revisions proposed by Mr. Cottle.  He noted that final premium proposals have not yet been received for fiduciary liability insurance.  He indicated that some trustees submitted education requests that exceed the Board’s approved limit.  He made note of the fact that the Chairman does not have the authority to approve educational expenditures that exceed the Board’s approved limit.  Mr. Clifton noted that the budget would be set for approval on May 27thWithout objection, Mr. Bryan accepted the report.

 
     

0304.7.4

Annual Review and Revision of SamCERA’s Internal Controls PolicyMr. McCausland noted that the Board reviews its Internal Controls Policy each year.  He proposed amendments to the policies as set forth below. 

In response to a question from Mr. Cottle, Mr. McCausland reported that the ’37 Act requires that SamCERA’s financial statements be submitted to the Board of Supervisors no later than October 31st and that staff had been submitting the unaudited financial statements because the auditor has had to wait for the actuarial valuation before issuing the final audit opinion for the statements.  Mr. Lewis noted that the Board has had a preference for incorporating current actuarial data into the financial reports.  Mr. Clifton noted that the only thing missing on October 31st  is the actuarial data.   Motion by Arnott, second by Lewis, carried unanimously, to amend Resolution 95-96-15, as follows:  

 
     
 

Whereas, Section 17 of Article XVI of the Constitution of the State of California states that the retirement board of a public pension or retirement system shall have plenary authority and fiduciary responsibility for the investment of monies and administration of the system; and

Whereas, Chapter 584, Statutes of 1995 (Assembly Bill 1021), empowers the Board to delegate functions to the treasurer or other entity authorized by the board.  Therefore, be it

Resolved that the Board hereby designates the financial records of SamCERA to be the official books of record for the functions specified in Government Code §§31588, 31589 & 31599.  Be it further

Resolved that the Board hereby delegates signature authority to the Chief Executive Officer Administrator, Board Secretary & Controller and designates the County's paying agent bank as paying agent for the functions specified in §31590.  Be it further

Resolved that the Board hereby designates the fiduciaries under contract to SamCERA and the California Local Agency Investment Fund, to carry out the functions specified in §§31595.1 & 31596, subject to coordination of their activities by the Chief Executive Officer Retirement Administrator pursuant to his Delegation of Authority.  The Board designates the Treasurer to safely keep and invest funds on deposit with the County, pending transfer by the Chief Executive Officer Retirement Administrator to one of the Board's contract fiduciaries or the Local Agency Investment Fund pursuant to his Delegation of Authority.  Be it further

Resolved that the Board hereby delegates reserves unto itself responsibility for filing annual financial statements with the county auditor and board of supervisors, for the relevant functions specified in §§31597, 31597.1 & 31597.2 to the Chief Executive Officer.  Be it further

Resolved that the Board hereby designates the Chief Executive Officer Retirement Administrator as the other entity authorized by the board for the functions specified in §§31452.5, 31452.6, 31452.65, 31485.6 and 31628.

 
 

Motion by Arnott, second by Lewis, carried unanimously, to amend Resolution 95-96-16, as follows:  

 
     
 

Whereas, Government Code §31520 vests the management of the Association in the Board; and §31525 empowers the Board to adopt regulations; and

Whereas, Government Code §31590 provides specific guidance for disbursements from the Retirement Fund; and

Whereas, Section 17 of Article XVI of the Constitution of the State of California states that the retirement board of a public pension or retirement system shall have plenary authority and fiduciary responsibility for the...administration of the system; and

Whereas, The Board has appointed a Chief Executive Officer pursuant to Government Code §31522.2 & has resolved to delegate specific powers and duties to the Chief Executive Officer, including the duty to provide for an effective system of internal controls; and

Whereas, The Chief Executive Officer has recommended the following controls to help assure that the assets of the Fund cannot be compromised.  Therefore be it

Resolved that the Chief Executive Officer will implement the following internal controls for the disbursement of moneys from the Retirement Fund.

1.  The Retirement Payroll Checks shall bear the signature of the County Controller.  The Board delegates safekeeping of the retirement payroll check stock to the County Controller.

2.  Changes to the retirement payroll may only be performed by designated retirement staff. 

3.   SamCERA shall utilize the Accounts Payable System of the County Controller for operational expenditures. The Accounts Payable Checks are from the Controller’s check stock and shall bear the signature of the County Controller.

4.  Preparation and approval of operational expense documents & transactions may only be performed as referred to below. 

5.  All other Checks drawn on the Retirement Fund shall bear the signature of the Chief Executive Officer or a staff member he has delegated and the facsimile signature of the Board Secretary & County Controller in accordance with Government Code §31590 & Board Resolution 95-96-15.

6.6.  The Board delegates safekeeping of the blank check stock to the Investment & Finance Manager.  The Investment & Finance Manager is hereby prohibited from initiating or granting final approval for retirement disbursements via check stock.  Blank check stock shall not be released to a staff member authorized to approve disbursements.  The Investment & Finance Manager shall maintain a log which documents inventory released, date, amount, stated intent of the disbursement and require a signature or initial from the staff member receiving the blank stock.

7.7.  The County Controller shall not honor any Journal Entries, Claims, Purchase Orders, Transmittals, Appropriation Transfer Requests, or other charges against the Retirement Fund without the written or electronic approval of the Chief Executive Officer or, in his absence, his designee.

8.8.  The Treasurer shall not honor any Claims, Transmittals, or other charges against the Retirement Fund without the approval of Chief Executive Officer or, in his absence, his designee.

9.9.  The Chief Executive Officer's or, in his absence, his designee's approval shall be evidenced by his signature or initials on the document initiating the transaction.  The document may be any standard form, including, but not limited to, a register authorizing electronic funds transfers.

10.  Pursuant to his Delegation of Authority, the Chief Executive Officer shall delegate to staff the task of preparing the documents & transactions referred to above, and shall supervise & audit staff's work.

11. Pursuant to his Delegation of Authority, the Chief Executive Officer shall delegate to the County Controller the task of reconciling the bank statement to SamCERA’s general ledger.  The Controller shall provide SamCERA with a timely outstanding checks reconciliation report.  SamCERA’s staff shall promptly resolve any discrepancies.  The Investment and Finance Manager shall supervise & audit the bank reconciliation process.

12.  The Chief Executive Officer and his designee are hereby prohibited from having access to check stock or performing the functions required to prepare any and all documents and transactions which allow disbursement of moneys from the Retirement Fund, but shall audit the work of others prior to granting approval.  Document approval is specified in number 9 above.  Check approval from the blank stock will be further evidenced by the appropriate signature and affixing the facsimile signature of the Board Secretary prior to forwarding it to the County Controller for his signature.

13.  The Board delegates safekeeping of the Board Secretary's facsimile signature to the Chief Executive Officer.

14.14.  The Chief Executive Officer may delegate disbursement approval and check signing authority to one employee of the Association, who may act only in the absence of the Chief Executive Officer.  That employee is prohibited from having access to the blank check stock.  In acting for the Chief Executive Officer the employee agrees to all responsibilities and prohibitions stated above.

15.  Pursuant to his Delegation of Authority, the Chief Executive Officer shall report to the Board regularly on matters of significance related to the Association's Internal Controls.

 
     

0304.7.5

Annual Legal Services ReviewTom Casey, County Counsel, and Brenda Carlson, Deputy County Counsel, were present for the review.  Mr. Clifton reviewed the Board’s policy of undertaking annual reviews of each of its service providers.  He noted that each trustee had been asked to complete a rating form. 

Mr. Clifton reported that County Counsel’s self-appraisal was consistent with the trustees’ and staff evaluations.  He reported that the only significant variance was in regards to the view of some trustees and staff that County Counsel sometimes seems to fail to distinguish between her duty to the Board and her duty to the County.  Ms. Colson made it a point to state that she disagreed with that observation.  Mr. Clifton reported that the overall assessment was very positive and complimentary. 

 
 

In response to questions from Mr. Cottle, Mr. Casey reported that Milton Mares had retired and SamCERA’s disability appeals will now be handled by Raymond Swope; Ms. Carlson noted that her recommendation to use outside counsel for tax issues, real estate transactions and securities litigation reflected the need for special expertise in those areas.  Ms. Carlson noted that she spends far more time assisting staff than she does assisting the Board. 

Mr. Casey noted that Ms. Carlson’s work on the Ventura II case has been extraordinary.  He stated that her work on the briefs is superior to the work of the team of private attorneys working on the case.  He and the Board can be very proud of Ms. Carlson’s highly professional and exemplary work.  Ms. Colson noted that in her career she has observed many board counsels at work and she is singularly impressed with Ms. Carlson’s competence.

Mr. Bryan expressed the Board’s appreciation to Ms. Carlson for her advice and counsel.

 
     

0304.7.6

Acceptance of the Report of the Ad Hoc Committee on Amendments to Mercer ContractMs. Salas reported that Mr. Bryan had appointed Ms. Salas, Ms. Tonsfeldt and himself to the Committee.  The Committee considered Mercer’s request for fee increases and reached the following recommendations:  (1) The Committee recommends that the Board deny Mercer Human Resource Consulting's request for fee increases.  (2) The Committee notes that the actuary has requested $2,000 to upgrade the smoothed value of assets spreadsheets.  The Committee recommends that the Board approve the expenditure for the spreadsheet upgrade.  (3) The Committee notes that the Board approved a special study to provide a Supplemental Valuation as of June 30, 2002 for all Safety & Probation Plans.  The Committee notes that staff should proceed with the execution of that special study.

 
 

Ms. Chapman stated that Mercer remains committed to maintaining its public sector practice and looks forward to continuing its work for the Board.  She also stated that at this point Mercer will not ask for any limitations of liability.

Without objection, Mr. Bryan accepted the recommendations of the Ad Hoc Committee.

 
     

0304.7.7

Acceptance of the Recommendations of the Ad Hoc Audit Services Request for Proposals Review Committee & Selection of Auditor:  Mr. Lewis reported that the Board issued five requests for proposals for audit services and that four firms responded with one firm significantly overestimating the hours and cost.  The Ad Hoc Committee interviewed (1) Macias, Gini & Company, (2) Brown Armstrong Accountancy Corporation and (3) the County AuditorMr. Lewis noted that the Committee was unanimous in its preference for

 
 

Brown Armstrong, though the Committee does want the offer contingent upon the Board gaining a clear understanding of the firm’s staffing pattern for LACERA and SamCERA, both new clients.  He noted that the fees would be approximately $10,000 per year higher than the County’s over the three years, but that the fee includes all travel related to the audit. 

In response to a question from Mr. McMahon, Mr. McCausland reported that he had spoken with the administrators and Mr. Clifton reported that he had spoken with the accountants of each of the firms’ ’37 Act clients.  They noted that all clients were very satisfied with the work of both of the firms.  Mr. McMahon expressed his unwillingness to make a decision without reviewing each of the proposals.  Mr. McCausland noted that the Board had discussed the search process in detail during the April 22nd meeting and had delegated the selection process to the Ad Hoc Committee.  He indicated that staff would be happy to provide Mr. McMahon with a full set of the documentation if he wished to review it.

Mr. McCausland noted that staff would need to bring a contract to the Board for its review.  Ms. Carlson noted that the Board may counter the firm’s fee proposal. 

Motion by Lewis, second by Cottle, carried eight ayes (Arnott, Bryan, Colson, Cottle, Lewis, Salas, Stuart & Tonsfeldt) to one no (McMahon), (1) to select Brown Armstrong Paulden McCown Starbuck & Keeter Accountancy Corporation to serve as the Board’s auditor for three fiscal years, commencing with the June 30, 2003 audit contingent upon the Board gaining a clear understanding of the firm’s staffing pattern for LACERA and SamCERA and (2) to instruct staff to prepare a contract for the Board’s review and approval.

 
     

0304.7.8

Authorization to file a request for depublication of Westly vs. California Public Employees’ Retirement System Board of Administration with the California Supreme Court:  Mr. McCausland recommended that the Board authorize Ms. Carlson to petition the Court to depublish the Westly decision so that it could only be cited as precedent in cases involving CalPERS, rather than all California public retirement systems.  Motion by Tonsfeldt, second by Lewis, carried unanimously, to authorize County Counsel to file a request for depublication of Westly vs. California Public Employees’ Retirement System Board of Administration with the California Supreme Court.

 
     

0304.7.9

Authorization to Procure Fiduciary Liability InsuranceMr. McCausland noted that the current fiduciary liability insurance policy expires prior to the next meeting of the Board.  He requested authorization to procure insurance on behalf of the Board.  He noted that the original premium proposal from the current carrier was $85,000 with a tripling of the deductible, but that the broker was continuing to survey the industry for interest.  Motion by Colson, second by Lewis, carried unanimously, to authorize the Chief Executive Officer to procure fiduciary liability insurance on the Board’s behalf and to report back to the Board at the May 27th meeting.

 
     

0304.8

Approval or Acceptance of Reports

 
     

0304.8.1

Chief Executive Officer's ReportMr. McCausland reported that the next CALAPRS Trustees’ Round Table will be held in Costa Mesa on June 6th.  He reported that the Board of Supervisors has invited members of all Boards and Commissions to a recognition reception in the Supervisors Chambers May 6th

He reported that the Board of Supervisors will ratify the last of the Memorandums of Understanding granting the improved retirement benefit formulas to SamCERA’s General Members on May 13th.  The General Member formulas are likely to be implemented near the middle of August [subsequently set for implementation August 17th].

He reported that the Deputy Sheriffs’ Association has yet to reach agreement with the County on the new Safety benefit formulas.  Consequently, there is no guarantee that those benefits will be implemented for any Safety or Probation members.  However, the Probation & Detention Association and Sheriff’s Sergeants’ Memorandums of Understanding tentatively set July 6th as the date for implementation, if the Deputy Sheriffs’ resolve their issues in time. 

 
     

0304.8.2

County Counsel's Report:  None.

 
     

0304.8.3

Investment & Finance Manager’s ReportMr. Clifton noted that he had distributed reports from State Street regarding new international electronic filing procedures for tax reclaims, as well as one report from Deutsche Asset Management and three reports from Bank of Ireland Asset Management.

He noted that staff was continuing to consider the credit card issue.  Ms. Arnott suggested that SamCERA use the same bank used for all other County business.  She indicated that the Treasurer’s Office would be happy to discuss the issue with Union Bank.  Ms. Colson suggested that Mr. Buffington and Ms. Arnott see what Union Bank is willing to do.

 
     

0304.8.4

Assistant Executive Officers’ Report:  Mr. Hood reviewed the intra-net real-time on-line Benefits Estimator.  He noted that the phased mailing of personal identification numbers has been proceeding well.  His planned demonstration of the estimator was foiled by a hung-up server, but the Board did appreciate the screen-saver designed by Mr. Ali.

 
     

0304.9

Adjournment in Memory of the following Deceased Members:  There being no further business, Mr. Bryan adjourned the meeting at 3:15 p.m. in member of the following deceased members:

 
   
 

forcier, norma

march 12, 2003

department of social services

 
 

smith, mary

march 16, 2003

district attorney office

 
 

selinger, estelle

march 19, 2003

district attorney office

 
 

steffen, june

april 2, 2003

probation department

 
 

guinasso, frank

april 6, 2003

engineer roads

 
 

flaherty, marie

april 8, 2003

department of mental health

 
 

watkinson, john

april 9, 2003

building inspection

 
 

white, roberta

april 11, 2003

beneficiary of wesley

 

Tom E. Bryan, Chair

 

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