HomeMy WebLinkAboutOrdinance 22977-10-2017 Ordinance No. 22977-10-2017
AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 2.5 "EMPLOYEES'
RETIREMENT FUND," OF THE CODE OF THE CITY OF FORT WORTH (1986), AS
AMENDED TO INCORPORATE A REDUCTION IN THE CALCULATION OF THE
INTEREST RATE; TO ELIMINATE UNECESSARY LANGUAGE RELATED TO THE
INTEREST RATE CHANGE; AMEND INTREST RATE REQUIRED FOR SERVICE
PURCHASE TO COMPLY WITH THE INTEREST RATE CHANGE; PROVIDING THAT
THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING THAT ALL CONDITIONS PRECEDENT FOR THE ADOPTION OF THIS
ORDINANCE HAVE BEEN MET; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth City Council ("City Council")adopted by Ordinance Chapter 2.5,
Article I of the Code of the City of Fort Worth, collectively called "Employees' Retirement Fund"; and
WHEREAS, Article 6243i of the Texas Revised Civil Statutes applies to the City of Fort Worth and
the Employees' Retirement Fund of the City of Fort Worth ("the Fund"); and
WHEREAS, the City and the tax payers of Fort Worth currently have the State constitutional
obligation to honor earned benefits for employees should the Fund become insolvent and therefore have a
critical interest in the affordability of the benefits that are offered to employees; and
WHEREAS, the City controls, within Constitutional constraints and as limited by collective
bargaining or meet and confer agreements, the Retirement Benefits that are offered to employees; and
WHEREAS, the Employee Retirement Fund Board has the legal authority over the investment
strategy and management oversight of the contributions once remitted to them; and
WHEREAS,the City has previously reduced retirement benefits for Members which was upheld by
the Courts; and
WHEREAS, the City adopted a 2% guaranteed cost of living adjustment (COLA) for certain
employees to more accurately project and book the cost of a COLA and to give those employees a more
predictable COLA to facilitate long-term financial planning, but resulted in an increase in the liability of the
Fund; and
WHEREAS, the Fund has adopted more conservative and realistic actuarial assumptions over the
last two years which has led to an increase in the liability of the Fund; and
WHEREAS, the Fund has not consistently met its assumed rate of return in recent years, which
has led to an increase in the liability of the Fund; and
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WHEREAS, the Fund has had at least three consecutive actuarial valuation that indicate an
amortization period of greater than 40 years; and
WHEREAS, State law requires a governmental entity to submit a Funding Soundness Restoration
Plan (FSRP)when the Fund has had three consecutive valuations with an amortization period greater than
40 years; and
WHEREAS, the FSRP requires that the plan reduces the amortization period to below 40 years
within a10 year period; and
WHEREAS, the City is unwilling to make additional financial contributions to the Fund due to risks
to the City's long-term sustainability in terms of operations, staffing, infrastructure and tax rate
competitiveness; and
WHEREAS, additional benefit reductions are necessary to comply with the FSRP; and
WHEREAS, Regular Interest is currently defined as interest compounded biweekly which should
be equal but not exceed the effective annual rate of five and one-quarter (5 YQ percent computed on a
calendar basis; and
WHEREAS, this Regular Interest rate benefit does not further the City's objective of employee
recruitment and retention; and
WHEREAS, the City Council has provided ninety-day notice to the Board of Trustees of the
Employees'Retirement Fund of its intention to make benefit changes and reductions in Retirement Benefits.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
Chapter 2.5, Article 1, Division 1, Section 2.5- 1 (Definitions) is amended by deleting the definition of
"Regular Interest" in its entirety and substituting the following definition of "Regular Interest"to be
effective beginning on the first pay period of 2018:
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"Regular Interest." 2-year Treasury Bill rate on the last pay date of the calendar year. Regular
Interest will be compounded annually. Regular Interest will not be applied to any year in which
the Member is not an active employee on the last pay date of the calendar year.
The following Sections of Chapter 2.5, Article 1, are amended by striking the language in each
section that states: "(at the regular interest rate in effect on the date of such payment)":
• Division 1, Section 2.5-7(e),
• Division 2, Sections 2.5-24 (a) and (c)
• Division 2, Section 2.5-27(b)(3) and (e)(1)
• Division 3, Section 2.5-34 (a) and (c)
• Division 3, Section 2.5-37(b)(2) and (e)(1)
• Division 4, Section 2.5-44(a)
• Division 4, Section 2.5-47(b)(3) and (d)
• Division 5, Section 2.5-53(d)
• Division 5, Section 2.5-54(a) and (c)
• Division 5, Section 2.5-57 (a)(1), (a)(2), (a)(3), (b)(1)a., (b)(1)b., (b)(1)c., (b)(2), and (d)
• Division 6, Section 2.5-64(a)
• Division 6, Section 2.5-67(b)(3) and (d)
• Division 7, Section 2.5-74(a) and (c)
• Division 7, Section 2.5-77(b)(2), (d), and (e)(1)
SECTION 2
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort
Worth, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and
such Code are hereby repealed.
SECTION 3
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences,
clauses and phrases of this ordinance are severable,and,if any phrase,clause,sentence,paragraph or section
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of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the City Council
without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 4
The City Council finds that all acts, conditions and things required by provisions of the Constitution
of Texas and Charter and Ordinances of the City of Fort Worth precedent to and in the adoption of this
Ordinance have been done, have happened and have been performed in proper and lawful time.
SECTION 5
This ordinance shall be in full force and effective from and after its adoption.
ADOPTED this 241h day of October, 2017.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
i�
i eputy City Attorney Mary J. Ka r, ✓y cr tarryepi ha Co(e �► l�rou�✓�
AS
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved:on 10124/201.7 - Ordinance No. 22977,710-2.017
DATE: Tuesday, October 24, 2017 REFERENCE NO.: G-19148
LOG NAME: 12PENSION CHANGE INTEREST RATE
SUBJECT:
Adopt Ordinance Amending Chapter 2.5, Retirement, Article I, Employees' Retirement Fund, of the City
Code to Modify the Calculation of the Interest Rate (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 2.5, Retirement,
Article I, Employees' Retirement Fund, of the City Code to modify the calculation of the interest rate, and
to add new language and eliminate unnecessary language related to the interest rate change.
DISCUSSION:
In 1945 the City of Fort Worth established the Employees' Retirement Fund of the City of Fort Worth
(Fund) which is a tax-qualified government pension plan (Plan). The City picks-up and pays member
contributions on a pre-tax basis for the employee. Since 2007, the Fund has been governed by 62431 of
the Texas Revised Civil Statutes. The statute permits both the Retirement Fund Board and the City
Council to make rules governing the Fund. The Fund is also subject to Article 16, Section 66 of the Texas
Constitution, which prohibits accrued pension benefits from being decreased.
The Retirement Ordinance currently defines regular interest as interest compounded biweekly which
should equal but not exceed the effective annual rate of five and one-quarter(5 1/4) percent compounded
on a calendar year basis. This interest rate is primarily applied to contribution refunds for Members who
separate from service with the City and take a refund on their contributions. The current interest rate
is arbitrary, and is not tied to real economic factors. Staff has recommended that the interest rate be
changed to be defined as the two-year Treasury Bill rate to be calculated on the Member's contributions at
of the end of the final pay period of each calendar year worked by the Member. Staff believes that this rate
is more realistic because it is tied to current economic trends.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that the proposed change is designed to improve the long term funded
status of the Retirement Fund, which may have a positive impact on City funds in the future.
FUND IDENTIFIERS (FIDs):
TO
Fund Departmentccoun Project JProgram ctivity Budget Reference # �Am;_Ul
ID 1A ID Year Chartfield 2
Logname: 12PENSION CHANGE INTEREST RATE Page I of 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Sarah Fullenwider (7623)
Additional Information Contact: Laetitia Brown (6639)
Logname: 12PENSION CHANGE INTEREST RATE Page 2 of 2