Absent: None.
Also Present: Mr. Hartmann, City Manager; Mr. Pessoa, City Attorney; Ms. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Mr. Baier, Director, Transportation and Environmental Services (T&ES); Ms. Boyd, Director, Citizen Assistance; Mr. Kincannon, Director, Recreation, Parks and Cultural Activities; Mr. Culpepper, Deputy Director, T&ES; Mr. Mason, Special Assistant to the City Manager/Acting Public Information Officer, City Manager's Office; Ms. Davis, Director, Office of Housing; Mr. Caton, Legislative Director, City Manager's Office; Ms. Hamer, Director, Planning and Zoning; Mr. Josephson, Deputy Director, Planning and Zoning; Ms. Barnett, Deputy Director, Recreation, Parks and Cultural Activities; Mr. Blakeley, Deputy Director, Recreation, Parks and Cultural Activities; Ms. Vosper, Landscape Architect, Recreation, Parks and Cultural Activities; Ms. Lo, Assistant Landscape Architect, Recreation, Parks and Cultural Activities; Ms. Durham, Open Space Architect, Recreation, Parks and Cultural Activities; Ms. Triggs, Acting Director, Finance; Ms. McIlvaine, Deputy Director, Office of Housing; Ms. Barron, Division Chief, Office of Housing; Ms. Niebauer, Director, Office of Human Rights; Mr. Farner, Division Chief, Planning and Zoning; Dr. Konigsberg, Health Director, Health Department; Mr. Custard, Director of Environmental Health, Health Department; Ms. Hamblin-Katnik, Watershed Program Administrator, T&ES; Mr. Perl, Civil Engineer, T&ES; Ms. Baker, City Engineer, T&ES; Police Captain Aden; Mr. Sood, ITS; and Mr. Lloyd.
Recorded by: Gloria Sitton, Deputy City Clerk and Clerk of Council.
1. Calling the Roll. The meeting was called to order by Mayor Euille, and the Deputy City Clerk called the roll; all the members of Council were present. 2. Moment of Silence and Pledge of Allegiance. City Council observed a moment of silence and recited the Pledge of Allegiance. 3. Reading and Acting Upon the Minutes of the Following Meeting of City Council: (a) The Regular Meeting Minutes of May 22, 2007. WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Smedberg and carried unanimously, City Council approved the regular meeting minutes of May 22, 2007. The voting was as follows:
The City of Alexandria Pension Plan for Firefighters and Police Officers, as in effect on December 31, 2001, and as previously amended by a First, Second and Third Amendments, and as amended by the foregoing changes, is hereby ratified and confirmed in all other respects. 31. Consideration of a Resolution to Amend the City of Alexandria Supplemental Retirement Plan to Require a Mandatory Lump Sum Payment to a Terminating Participant With a Vested Benefit Present Value of $1,000 or Less. [ROLL-CALL VOTE] (A copy of the City Manager's memorandum dated May 25, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 06/12/07, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously by roll-call vote, City Council adopted the resolution amending the City of Alexandria Supplemental Retirement Plan to comply with federal law. The threshold allowing a plan to provide a lump sum payment to a terminated participant with a vested accrued benefit valued at $5000 or less is changed to $1000 or less. The voting was as follows:
The City of Alexandria Firefighters and Police Officers Pension Plan, as in effect on January 1, 2004, and as previously amended by a First, Second, Third, Fourth and Fifth Amendment, and as amended by the foregoing changes, is hereby ratified and confirmed in all other respects. 33. Consideration of a Resolution to Amend the City of Alexandria Firefighters and Police Officers Pension Plan to Include a Service Buy Back Provision on a Cost Sharing Basis for Police Officers and Firefighters With a Break in City Service. [ROLL-CALL VOTE] (A copy of the City Manager's memorandum dated June 7, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 06/12/07, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously by roll-call vote, City Council adopted the resolution to amend the City of Alexandria Firefighters and Police Officers Pension Plan to include a service buy back provision on a cost sharing basis for Police Officers and Firefighters with a break in City Service. The voting was as follows:
Pre-2004 Break-In-Service means a termination of an Employee's status as a Covered Employee that occurred prior to January 1, 2004.
Purchased Period of Credited Service means the period of Purchasable Service that was purchased by a Covered Employee in accordance with the provisions of Section 3.5.
A Participant shall be credited with 1/12th of a Year of Credited Service for each full calendar month of service as a Covered Employee commencing on or after the Effective Date and ending with the Participant’s Termination Date. A Covered Employee shall not be credited with Years of Credited Service (or 1/12th increments thereof) for any calendar month during which he or she is not a Covered Employee for the entire month or for any calendar month commencing after the Covered Employee’s Termination Date. In addition, except as otherwise provided in Section 3.4 or 3.5, a Participant shall not be credited with Years of Credited Service (or 1/12th increments thereof) for any calendar month prior to the Effective Date.
3.5 Pre-2004 Credited Service Buy-Back
(a) Each Covered Employee who: (1) is a Participant in the Plan on July 1, 2007; (2) was a Participant in the Retirement Income Plan prior to January 1, 2004; (3) experienced a Pre-2004 Break in Service; and (4) was partially or fully vested in his or her Retirement Income Account at the time of the Pre-2004 Break in Service and received a distribution of his or her vested Retirement Income Account following such Pre-2004 Date Break-In-Service, may elect to purchase credit for up to four (4) years of Purchasable Service in accordance with, and subject to, the provisions of this Section 3.5. A Participant may elect to either purchase the total amount of his or her Purchasable Service (up to a maximum of four (4) years), or if the Participant does not want to purchase credit for all of his or her Purchasable Service, a Participant may purchase credit for part of his or her period of Purchasable Service (in increments of whole months). The Purchased Period of Credited Service shall be taken into account in determining the Participant’s Years of Service and Years of Credited Service in accordance with the provisions of Section 3.5(f). (b) In order to be effective, an election to purchase credit for Purchasable Service under this Section 3.5 must: (1) be made on a form supplied by the City for this purpose; (2) returned to (and the receipt acknowledged by) the Department of Finance on or before 5:00 P.M. (Eastern Time) on October 10, 2007; and (3) include full amount due for the Purchased Period of Credited Service (as determined under Section 3.5(c)) and/or be accompanied by an irrevocable payroll deduction authorization (on a form supplied by the City for this purpose). (c) Participants who desire to purchase credit for Purchasable Service must pay: (1) 50% of the actuarial cost of the additional benefit provided under the Plan with respect to the Purchased Period of Credited Service (up to a maximum of three (3) years). (2) 100% of the actuarial cost of the additional benefit provided under the Plan with respect to the remaining Purchased Period of Credited Service (i.e., the fourth year).The cost of Purchased Period of Credited Service shall be determined by the Actuary. (d) Payment for all or any portion of the Purchased Period of Credited Service may be made in a single lump sum by (i) a transfer from a Participant's Retirement Income Account (if any); (ii) a transfer from a Participant's account under any eligible deferred compensation plan (within the meaning of Section 457(b) of the Internal Revenue Code) maintained by the City; (iii) a direct lump sum payment to the Plan; (iv) a direct transfer or rollover from an individual retirement account to the extent permitted by Sections 401 and 408 of the Internal Revenue Code. (e) In lieu of (or in addition to) a lump sum payment under Section 3.5(d), payment for the Purchased Period of Credited Service may be made through additional Employee Retirement Contributions over a period of up to thirty-six (36) months. To the extent that a Participant elects to pay for the Purchased Period of Credited Service by making additional Employee Retirement Contributions, then the cost of the Purchased Period of Credited Service (as determined under Section 3.5(c)) shall reflect the deferred payment period (computed based on the interest rate used for determining Actuarial Equivalence under Appendix A). In order for this payment option to be effective, the Participant must execute and deliver to the Administrator any required payroll deduction authorizations. In the case of a Participant who has elected to pay for a portion of the Purchased Period of Credited Service in a lump sum under Section 3.5(d) and to pay for the remaining portion through additional Employee Retirement Contributions under this Section 3.5(e), such payroll deduction authorization must be effective as of the payroll period containing the date the partial payment is made under Section 3.5(d). (f) The Purchased Period of Credited Service shall be taken into account in determining the Participant’s Years of Service and Years of Credited Service in accordance with the following provisions: (1) One month shall be taken into account for each two completed months of Credited Service following the date payment is made under Section 3.5 (d) or commences under Section 3.5(e). However, the number of months credited under this Section 3.5(f)(1) shall be limited to one-half of the Purchased Period of Credited Service under Section 3.5(c)(1). This provision is designed to provide that a Participant earns the portion of Credited Service that is subsidized under Section 3.5(c)(1) based on the performance of future service, with the result that a Participant who purchases the full three years permitted under Section 3.5(c)(1) will fully earn the subsidized portion of such Purchased Period of Credited Service upon the completion of thirty-six (36) months of Credited Service following the date payment is made or commences. (2) In addition, upon payment under Section 3.5(d), or as payment is made under Section 3.5(e), the Participant shall be credited with the number of months of the Purchased Period of Credited Service for which the Participant has paid the appropriate portion of the actuarial cost (i.e., one-half of the Purchased Period of Credited Service under Section 3.5(c)(1), and the entire Purchased Period of Credited Service under Section 3.5(c)(2)). For this purpose, (i) In the case of a Participant that pays for the Purchased Period of Credited Service under Section 3.5(d), the Purchased Period of Credited Service for which the Participant has paid all of the actuarial cost shall be credited upon payment under Section 3.5(d). (ii) In the case of a Participant that is paying for part of the Purchased Period of Credited Service under Section 3.5(d) and part under Section 3.5(e), the amount credited upon payment under Section 3.5(d) shall be determined by multiplying the total number of months in the Purchased Period of Credited Service for which the Participant is required to pay the actuarial cost by a fraction, the numerator of which is the amount of the payment actually made under Section 3.5(d), and the denominator of which is the total amount due from the Participant under Section 3.5(d) and (e) with respect to the entire Purchased Period of Credited Service. The remaining portion of the Purchased Period of Credited Service for which the Participant is required to pay the actuarial cost shall be credited in accordance with Section 3.5(f)(2)(iii). (iii) To the extent that full or partial payment is being made under Section 3.5(e), the determination of the extent to which payment has been made shall be made by multiplying the total number of months in the Purchased Period of Credited Service that the Participant is purchasing through additional Employee Retirement Contributions by a fraction, the numerator of which is the total number of payments that have been made by the Participant as of the date the determination is being made, and the denominator of which is the total number of payments that are (or were) to be made by the Participant under Section 3.5(e). (3) Only full months shall be credited to a Participant. No credit shall be given for partial months. (4) In the event a Participant ceases to be a Covered Employee for any reason (including Disability or death), or otherwise reaches his or her Termination Date or DROP Effective Date before earning any portion of the Purchased Period of Credited Service in accordance with the provisions of this Section 3.5(f), the portion of the Purchased Period of Credited Service which has not been earned by the Participant shall be forfeited.
(1) On and after the Date of Adoption, each Participant who is classified as a Covered Employee shall make Employee Retirement Contributions to the Plan in an amount equal to (i) 7.5% of the Participant’s Compensation, as reflected in the paycheck the Participant receives from the City, and (ii) the amount of any additional Employee Retirement Contributions that the Participant is obligated to make under Section 3.5(e) with respect to the Purchased Period of Credited Service. Such Employee Retirement Contributions shall continue until the earlier of the Participant’s (1) Termination Date, or (2) DROP Effective Date, and shall be made in accordance with rules established by the Administrator. The City of Alexandria Firefighters and Police Officers Pension Plan, as in effect on January 1, 2004, and as previously amended by a First, Second and Third Amendment, and as amended by the foregoing changes, is hereby ratified and confirmed in all other respects. 34. Consideration of a Resolution to Make Amendments to the City of Alexandria Firefighters and Police Officers Pension Plan in Order to Allow Annuitization For Disabled Participants and to Make Other Changes. [ROLL-CALL VOTE] (A copy of the City Manager's memorandum dated June 7, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 06/12/07, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously by roll-call vote, City Council adopted the resolution to make amendment to the City of Alexandria Firefighters and Police Officers Pension Plan in order to allow annuitization for disabled participants and to make other changes. The voting was as follows:
FIFTH AMENDMENT TO THE CITY OF ALEXANDRIA FIREFIGHTERS AND POLICE OFFICERS PENSION PLAN
In the case of a Participant whose rights to a Disability Benefit, and the amount and conditions of such Disability Benefit, are determined under the provisions of the Disability Income Plan, as in effect prior to the Date of Adoption, the provisions of the Disability Income Plan applicable to such Participant are hereby amended as follows:
(a) Section 4.07
Section 4.07 - Disability Benefits After Normal Retirement Date
When the Participant reaches his Normal Retirement Date (i.e., age sixty (60)), the Participant's benefits from the Disability Income Plan shall be recomputed so that benefits from the Disability Income Plan and benefits from the Participant's City Funded Retirement Income Account (as defined in Section 1.6 of the Pension Plan) shall be actuarially equal in value to the amount of payments that the Participant would have received under Section 4.01, 4.02, 4.03 or 4.04 of the Disability Income Plan if the Participant (i) had not been disabled, (ii) had continued to be employed by the City at the same rank and grade he had attained immediately prior to his disability, (iii) for the prior thirty-six (36) months, had received the amount of pay applicable to such rank and grade (including any cost of living wage adjustment granted by the City but ignoring any step increases for such rank and grade), and (iv) had become disabled and begun receiving Disability Benefits immediately prior to his Normal Retirement Date. If the amount of pay applicable to the Participant’s rank and grade is modified by a change in the City’s compensation or classification system, then the Participant shall be assigned to an equivalent rank and grade within such revised compensation or classification system for purposes of applying the provisions of this Section.
Following such recalculation, the Disability Benefits pursuant to Section 4.01, 4.02, 4.03 or 4.04 of the Disability Income Plan shall continue to be paid to the Participant under the Disability Income Plan following his Normal Retirement Date, but only to the extent necessary to provide that benefits from the Disability Income Plan and benefits from the Participant's City Funded Retirement Income Account are equal to the recalculated Disability Benefits the Participant would have received under Section 4.01, 4.02, 4.03 or 4.04 of the Disability Income Plan, as computed in accordance with the preceding paragraph. In the event that the actuarially determined benefits from the Participant's City Funded Retirement Income Account are equal to or greater than such recalculated Disability Benefit, then all Disability Benefits payable under the Disability Income Plan shall cease on the Participant’s Normal Retirement Date.
For purposes of the determinations required under this Section 4.07:
ACTUARIAL ASSUMPTIONS
Actuarial Equivalence
(Non-Disabled Participants):
1. Interest Rate: 7.5% (compounded annually)
Contingent Annuitant – 1983 Group Annuity Table for females, with no set forward or set back.
3. Cost of Living: 3% (subject to overall Plan limits).
(Disabled Participants – For Determining Actuarial Equivalence under Section 5.13(a), Section 5.15, Section 5.18(a)(4), Section 5.18(b)(4) and Section 5.19):
2. Mortality: Participant – 1983 Group Annuity Mortality Table for males, with ages set forward nine years.
(For Conversion Of City Funded Retirement Income Account Under Section 5.18 and For Determining Actuarial Equivalence under Section 5.13 – Other Than Section 5.13(a), and Section 5.18 – Other Than Section 5.18(a)(4) and Section 5.18(b)(4)):