February 19 2002

REPORT OF THE PROCEEDINGS

OF THE

Board of Trustees

OF THE

Public School Teachers' Pension and

Retirement Fund of Chicago

__________

 

Regular Meeting - Official Report

Tuesday, February 19, 2002

__________

 

A regular meeting of the Board of Trustees of the Public School Teachers' Pension and Retirement Fund of Chicago was held Tuesday, February 19, 2002.

The President, Ms. Mary Sharon Reilly, called the meeting to order at 9:12 a.m.

 

ROLL CALL

Members present: Ms. Anderson, Ms. Finnegan, Mr. Katsulis, Ms. Knazze, Mr. Mayo, Ms. Nolan, Ms. Reilly, Ms. Rodriguez, Mr. Silver, Mr. Sokolnicki, Mr. Ward--11.

Members absent: Mr. Saffold—1.

Also in attendance were Mr. Michael J. Nehf (Executive Director), Mr. Kevin Huber (Chief Financial Officer), Mr. Joseph Burns of Jacobs, Burns, Orlove, Stanton and Hernandez (Legal Counsel), Mr. Brad Blalock of Mercer Investment Consulting, Inc. (Investment Consultant), Mr. Terry Ahern and Ms. Michele Dinn of The Townsend Group (Real Estate Investment Consultant), Mr. Eugene M. Barnes of E.M. Barnes and Associates (Legislative Lobbyist), Mr. Jeff Markert and Ms. Julie Barrientos of KPMG (Independent Auditor), Mr. Mitch Bramstaedt and Ms. Karen Paul of The Segal Company (Insurance Consultant), and various observers and staff members.

 

PUBLIC PARTICIPATION

Ms. Mary Woods, a retired teacher, appealed to the Trustees for assistance in enrolling in a health insurance plan.

Ms. Myrtle Bruce, a retired teacher, appealed to the Trustees for assistance in enrolling in a health insurance plan.

Mr. James Edminster, a retired teacher, appealed to the Trustees for assistance in enrolling in a health insurance plan.

Ms. Carlyn Tucker, a retired teacher, asked questions regarding the 2.2 upgrade cost for teachers who retired with less than 30 years of service.

 

APPROVAL OF MINUTES

On a motion by Mr. Ward, seconded by Mr. Sokolnicki, and by unanimous vote, the minutes of the meetings on November 20, 2001 and January 17, 2002 were approved as amended and ordered printed. (Ms. Anderson, Mr. Mayo, Ms. Rodriguez, and Mr. Silver were not present at the time the vote was taken.)

 

REPORT OF THE LEGISLATIVE LOBBYIST

Mr. Eugene M. Barnes of E.M. Barnes and Associates updated the Trustees on the anticipated topics for discussion in Governor George Ryan’s February 20, 2002 State Address. He also reported on prior and upcoming meetings of the Illinois Pension Laws Commission. Mr. Barnes addressed questions raised by Trustees.

 

REPORT OF THE INVESTMENT CONSULTANT

Investment Performance Evaluation

Mr. Brad Blalock of Mercer Investment Consulting Inc. reviewed the fourth quarter investment performance evaluation for the period ended December 31, 2001. He recommended that three Pension Fund investment managers be asked to attend the April Trustee meeting to discuss reorganization and operations. Mr. Blalock addressed questions raised by Trustees.

 

REPORT OF THE REAL ESTATE INVESTMENT CONSULTANT

2002 Real Estate Investment Plan

Mr. Terry Ahern and Ms. Michele Dinn of The Townsend Group reviewed the real estate investment plan for the year 2002. They presented their recommendations and initiatives for the Fund. Townsend recommended that several Pension Fund real estate investment managers be asked to attend an upcoming Trustee meeting to give their perspectives on the changing markets and to discuss their strategies.

 

REPORT OF THE ACTUARY

Actuarial Valuation

Mr. Sandor Goldstein of Goldstein and Associates presented the Actuarial Valuation as of June 30, 2001. He provided a summary of the results of the valuation.

Mr. Goldstein indicated that the same actuarial assumptions were used for the June 30, 2001 valuation as were used for the June 30, 2000 valuation.

He indicated that as of June 30, 2001, the total actuarial liability amounted to $10,387,568,945 and the actuarial value of assets was $10,387,568,945, resulting in an unfunded liability of $5,135,714 and a funded ratio of 99.9%. In comparison, as of June 30, 2000, the unfunded liability was $328,168,774, and the funded ratio was 96.7%.

He stated that on the basis of the results of the June 30, 2001 valuation and taking into account the funding plan currently in effect for the Fund, there is no Board of Education contribution requirement for Fiscal Year 2003.

He also discussed the results of the 45-year funding projections that were done as part of the valuation. He indicated that based on the results of these projections, the first year that the Board of Education will be required to make a contribution to the Pension Fund is 2008.

 

REPORT OF THE INDEPENDENT AUDITOR

Management Letter

Mr. Jeff Markert and Ms. Julie Barrientos of KPMG presented their 2001 Management Letter. Mr. Markert and Ms. Barrientos made comments and recommendations involving internal control and other operational matters for consideration. They outlined recommendations on establishing a business continuity plan and a records retention policy.

 

Standards Communications of the Audit Committee

Mr. Markert noted general information related to conducting the audit. He also noted that there were no negative issues or reportable instances with management.

 

Financial Statements and Schedules

Mr. Markert reported that KPMG has audited the Statements of Plan Net Assets of the Fund as of June 30, 2001 and 2000. He reported that the audit was conducted in accordance with the auditing standards generally accepted in the United States.

He reported that the standards under which the audit was conducted require that KPMG plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatements. KPMG concluded that the financial statements fairly present the financial position of the Fund as of June 30, 2001 and 2000.

 

PENSION FUNDING LAWSUIT

Ms. Marilyn F. Johnson, general counsel of the Chicago Board of Education, reviewed with the Trustees the pension funding lawsuit involving the Chicago Board of Education and the four individual fund annuitants against James Ryan, Illinois attorney general. Mr. Buzz Sawyer, Office of Management and Budget, and Ms. Cynthia Asghar, Department of Finance of the Chicago public schools, were also in attendance to address questions raised by Trustees.

Ms. Johnson informed the Trustees of the three basic claims in the lawsuit that all stem from various provisions of the Constitution of the State of Illinois:

Article IV, Section 13 (the "Special Legislation Clause") and Article I, Section 2 (the equal protection clause"), because by passing a local law when a general law is or can be made applicable, the General Assembly discriminates among similarly situated class members (i.e., Illinois public school teachers) with no rational basis;

Article I, Section 2 (the "equal protection" and "due process" clauses), because the funding disparity forces the Board to maintain a double tax burden on Chicago’s property taxpayers; and,

Article X, Section 1 (the "Education Article"), because by producing an unfair and inefficient distribution of educational benefits and opportunities among the State’s school districts, the funding disparity violates the Education Article’s mandate that the State shall provide for an efficient system of high quality public educational institutions and services.

Ms. Johnson asked the Trustees to join with the Chicago Board of Education and the individual fund annuitants as a plaintiff in this litigation. She urged favorable consideration from the Board of Trustees.

Following review and discussion, Mr. Joseph Burns, fund counsel and Mr. Henry Anselmo, lobbyist addressed questions raised by Trustees.

 

REPORT OF THE HEALTH INSURANCE CONSUTLTANT

Medical Market Survey

Mr. Mitch Bramstaedt and Ms. Karen Paul of The Segal Company presented the results of the medical market survey they were asked to perform to ascertain what medical benefit programs might be available to the Fund. Segal performed this survey by contacting multiple Chicago area and national healthcare vendors. Mr. Bramstaedt and Ms. Paul addressed questions raised by Trustees.

 

Retiree Insurance Eligibility and Enrollment Options

The Segal Company was asked to provide information concerning the Fund’s policy on eligibility and enrollment in its sponsored plans and possible options to alter the policy. Mr. Bramstaedt reviewed with the Trustees the current policy for insurance eligibility. He then compared our policy for insurance eligibility with the Teachers’ Retirement System of Illinois (TRS).

A motion was made by Ms. Anderson, seconded by Ms. Rodriguez, and unanimously passed, to authorize Segal to conduct an analysis of the average cost of claims per health care enrollee, at a cost not to exceed $10,000. The motion passed by the following vote:

Ayes: Ms. Anderson, Ms. Finnegan, Mr. Katsulis, Ms. Knazze, Mr. Mayo, Ms. Nolan, Ms. Reilly, Ms. Rodriguez, Mr. Silver, Mr. Sokolnicki, Mr. Ward—11.

Nays: None.

 

Mental Health Parity Discussion

Mr. Bramstaedt reviewed with the Trustees an appeal from a retired member of the pension fund regarding health insurance coverage for mental illness. He discussed the effects of the Mental Health Parity Act with the Trustees. He reported to the Trustees the Pension Fund’s current plan is in compliance with the law.

 

FOLLOW UP DISCUSSION OF PUBLIC PARTICIPATION

REGARDING HEALTH INSURANCE ENROLLMENT

Mr. Michael Nehf reviewed with the Trustees requests of retired members regarding reconsideration for the continuation of health insurance beyond the open enrollment deadline date.

A motion was made by Mr. Ward, to adopt a policy for enrollment for health care applicants who missed the deadlines and to extend our insurance to them for a period of three months, starting the insurance the next appropriate month when it is due to errors, omissions, or mail failures. After further discussion, Mr. Ward withdrew his motion.

A recommendation was made by Mr. Nehf to follow the current enrollment rules and if retired members want to appeal to the Board, then the Board could approve an exception. The three retired members that made presentations were approved as exceptions to the normal enrollment rules.

 

REPORT OF COMMITTEE ON FINANCE

Bills

The following bills were presented with the recommendation that they be approved.

 

Replacement Warrants

The Committee on Finance reported that the following persons requested replacement warrants in lieu of the following described warrants which were lost or destroyed. Affidavits certifying these losses and in each case indemnifying the Fund against any liability, damage or expense which may result by reason of issuing such replacement warrants were duly filed. Therefore, the Committee recommended that warrants issued to the persons named below in the amounts indicated be duly recorded in the minutes of this meeting.

 

Mr. Silver moved the Report of the Committee on Finance to the omnibus.

 

REPORT OF THE PRESIDENT

Re-Scheduled

Regular June Board Meeting

A motion was made by Mr. Ward, seconded by Mr. Mayo, and unanimously passed, to re-schedule the regular June Board meeting from June 18 to Wednesday, June 12, 2002 at 9:00 a.m.

 

REPORT OF COMMITTEE ON CLAIMS
AND SERVICE CREDITS

Pensions

The Committee on Claims and Service Credits reported that applications for pensions were presented for persons, hereinafter listed, with the recommendation that they be approved and granted in the amounts and under the conditions set forth herewith.

In the case of each applicant for service and disability pensions, the employment of the teacher has terminated, the legally prescribed minimum years of teaching service were completed and requirements with respect to age, the Illinois Retirement Systems Reciprocal Act (if applicable), and the Illinois

Pension Code were fulfilled.

In accordance with the provisions of the Illinois Pension Code, each applicant for disability retirement pension was declared by two physicians appointed by the Board to be suffering from a disability which wholly and presumably permanently incapacitates him/her for teaching.

Each applicant for a survivor’s or reversionary pension furnished proper evidence of his/her right to receive such benefits.

Cancellation of Pensions

he Committee on Claims and Service Credits reported that pursuant to the law, the pensions of the following persons were cancelled upon the date of attainment of legal age or re-entry to service. The Committee recommended that the cancellations shown below be confirmed and reported in the proceedings of this meeting.

 

Revision in Rate of Pensions

The Committee on Claims and Service Credits reported that changes in salary credits after pensions were granted necessitate the following revisions. The Committee recommended that (1) these revisions be approved, (2) the records of the Fund be changed accordingly, and (3) adjustments be authorized for pension payments made prior to this date, as applicable.

 

Death Benefits

he Committee on Claims and Service Credits reported that documents pertaining to claims for death benefits were examined and verified, and recommended approval thereof.

In support of these claims, the Committee reported that death benefits were for persons whose dates of death were certified and whose heirs, beneficiaries, administrators or executors furnished proper evidence to receive such payments.

 

Refunds

The Committee on Claims and Service Credits reported that documents pertaining to claims for refunds listed herewith, were examined and verified, and recommended approval thereof.

In support of these claims, the Committee reported that (1) refunds on separation from service are for persons no longer employed as members of the teaching force…(2) refunds of contributions for survivor’s pensions are for members with no eligible survivors at the time of retirement…(3) refunds of excess contributions are for deductions outside of the statutory requirements and/or overpayments towards the 2.2 upgrade option and…(4) refunds of creditable service withdrawn are for previously validated optional service.

 

Outside Time

The Committee on Claims and Service Credits reported that affidavits, or other evidence attesting to or certifying service in the public schools of the several states or in schools operated by or under the auspices of the United States outside of the City of Chicago were presented for the persons hereinafter listed.

The Committee recommended that the service described be approved for pension credit provided that the last five years of the member’s service shall have been rendered in a position covered by this Fund, the State Universities Retirement System or the Teachers’ Retirement System of the State of Illinois; a maximum credit of ten years shall be reduced by credit for such service validated by the State of Illinois and three-fifths of the term of service for which an annuity is granted shall be in the public schools of the City.

Ms. Finnegan moved the Report of the Committee on Claims & Service Credits to the omnibus.

 

REPORT OF COMMITTEE ON PENSION LAW & RULES

A motion was made by Mr. Ward, seconded by Ms. Nolan, to include the ad hoc increase for pensioners to the legislative agenda. The motion passed by the following vote:

Ayes: Ms. Anderson, Ms. Finnegan, Mr. Mayo, Ms. Nolan, Ms. Reilly, Mr. Sokolnicki, Mr. Ward-7

Nays: None.

Abstentions: Mr. Katsulis, Mr. Silver-2.

(Ms. Knazze and Ms. Rodriguez were not present at the time the vote was taken.)

The Trustees discussed the issue of amending the teaching restrictions while teachers are collecting retirement pensions. This issue is currently being studied and drafted.

Mr. Katsulis moved the Report of the Committee on Pension Law and Rules to the omnibus.

 

REPORT OF COMMITTEE ON INVESTMENTS

The Committee on Investments included the following reports subject to review and approval by the Board of Trustees. These reports shall be recorded in the proceedings of this meeting.

Allocation Overview

Investment Summary by Manager

Manager Activity Summary Report

Commission Report

Ms. Anderson moved the Report of the Committee on Investments to the omnibus.

 

REPORT OF THE FINANCIAL SECRETARY

Financial Statement

The Financial Secretary presented herewith a report on the Fund’s net assets, changes in net assets, and supporting reports for the six months ending December 31, 2001, with the recommendation that it be approved and printed in the proceedings of this meeting.

Mr. Silver moved the Report of the Financial Secretary to the omnibus.

 

REPORT OF THE EXECUTIVE DIRECTOR

Cash Flow Analysis

Mr. Michael Nehf and Mr. Kevin Huber, chief financial officer, discussed with the Trustees the concerns with current operating cash flow and recent actions taken to address these concerns. The Fund made every effort to avoid having to request the liquidation of a portion of the portfolio for cash flow purposes due to the turbulent market conditions. To address the current needs, the Fund chose to notify one of the large cap managers, and use approximately $20 million of their available cash in the month of February to cover operating needs.

Following discussion, the Trustees directed staff to abide by the investment policy, and to liquidate as necessary from the index funds to rebalance the Fund’s portfolio. They also instructed staff to notify the large cap manager that they will not be reimbursed $20 million.

 

Health Insurance Rebate Account

After some discussion, a motion was made by Mr. Sokolnicki, seconded by Mr. Katsulis, to maintain the health insurance subsidy at 85% for the fiscal year July 1, 2002-June 30, 2003. The motion failed by the following vote:

Ayes: Ms. Anderson, Mr. Katsulis, Ms. Nolan, Mr. Sokolnicki, Mr. Ward-5.

Nays: Ms. Finnegan, Ms. Knazze, Mr. Mayo, Ms. Reilly, Ms. Rodriguez, Mr. Silver-6.

A substitute motion was made by Mr. Silver, seconded by Mr. Mayo, to set the health insurance subsidy to 80% for the fiscal year July 1, 2002-June 30, 2003. A friendly amendment was made by Ms. Anderson to set the health insurance subsidy to 85% this year and 80% next year, Mr. Silver did not accept the amendment. The motion failed by the following vote:

Ayes: Mr. Mayo, Mr. Silver-2.

Nays: Ms. Anderson, Ms. Finnegan, Mr. Katsulis, Ms. Knazze, Ms. Nolan, Ms. Reilly, Ms. Rodriguez, Mr. Sokolnicki, Mr. Ward-9.

A motion was made by Mr. Ward, seconded by Ms. Anderson, to authorize the Executive Director to implement a rebate of 85% for the fiscal year July 1, 2002-June 30, 2003, and 80% for the fiscal year July 1, 2003-June 30, 2004, based upon projections of estimated costs and increases in health insurance rates presented to the Trustees. The motion passed by the following vote:

Ayes: Ms. Anderson, Ms. Finnegan, Mr. Katsulis, Ms. Knazze, Ms. Nolan, Ms. Reilly, Ms. Rodriguez, Mr. Silver, Mr. Sokolnicki, Mr. Ward-10.

Nays: Mr. Mayo-1.

 

Early Retirement Option Update

Mr. Michael Nehf informed the Trustees that a letter will be sent to the Chicago public schools reminding them about the Early Retirement Option (ERO) deadline of no later than March 31, 2002.

 

Pension Deductions Not Made by CPS for Christmas Vacations

The Trustees deferred the Pension Deductions Not Made by CPS for Christmas Vacations to the next meeting.

 

Salary for Replacement Accounting Manager Due to Retirement

After some discussion, a motion was made by Mr. Silver, seconded by Mr. Mayo, and by unanimous vote, to authorize the Executive Director and staff to continue to negotiate terms for hiring a new accounting manager consistent with the guidelines presented to the Trustees. The motion passed by the following vote:

Ayes: Ms. Anderson, Ms. Finnegan, Mr. Katsulis, Ms. Knazze, Mr. Mayo, Ms. Nolan, Ms. Reilly, Ms. Rodriguez, Mr. Silver, Mr. Sokolnicki, Mr. Ward-11.

Nays: None.

 

Approval of Salary Increase and New Benefits Department Positions

Mr. Lawrence Martens, Benefits Director, discussed with the Trustees the approval of salary increase and new benefits department positions and salaries due to additional responsibilities, changes in pension benefits and database development project.

A motion was made by Mr. Silver, seconded by Mr. Mayo and by unanimous vote, to authorize the Executive Director and staff to increase salary, post job descriptions, hold interviews and hire new benefits department positions consistent with the guidelines presented to the Trustees.

Ayes: Ms. Anderson, Ms. Finnegan, Mr. Katsulis, Mr. Mayo, Ms. Nolan, Ms. Reilly, Ms. Rodriguez, Mr. Silver, Mr. Sokolnicki, Mr. Ward-10.

Nays: None.

(Ms. Knazze was not present at the time the vote was taken.)

 

14th Floor Meeting Rooms/Board Room and Tour

The Trustees had an opportunity to tour the14th floor and view the new meeting/board rooms. Mr. Nehf discussed with the Trustees the option of conducting board meetings either on the 13th or 14th floor. The Trustees decided to continue to conduct the Board meetings on the 13th floor.

 

REPORT OF THE ATTORNEY

Executive Session

A motion was made by Ms. Anderson, seconded by Mr. Mayo, and unanimously passed, to enter in an executive session for the purpose of discussing litigation matters. The executive session lasted from 4:45 p.m. to 5:00 p.m.

(Ms. Knazze was not present at the time the vote was taken.)

Following executive session, a motion was made by Mr. Sokolnicki, seconded by Mr. Silver, and unanimously passed, to resume the regular order of business.

(Ms. Knazze was not present at the time the vote was taken.)

 

Pension Funding Lawsuit

A motion was made by Mr. Silver, seconded by Mr. Sokolnicki, and unanimously passed, to enter into a lawsuit as a co-plaintiff with the Board of Education vs. James E. Ryan, Illinois attorney general, for fairness in pension funding.

(Ms. Knazze was not present at the time the vote was taken.)

 

Appeal The Duty Disability of

Irma Stevanovic Savanaugh

A motion was made by Ms. Anderson, seconded by Ms. Finnegan, to appeal the judge’s decision of the duty disability of Irma Stevanovic Savanaugh. The motion passed by the following vote:

Ayes: Ms. Anderson, Ms. Finnegan, Mr. Mayo, Ms. Nolan, Ms. Reilly, Ms. Rodriguez, Mr. Silver, Mr. Sokolnicki, Mr. Ward-9.

Nays: None.

Abstentions: Mr. Katsulis-1.

(Ms. Knazze was not present at the time the vote was taken.)

 

OMNIBUS VOTE

On a motion by Mr. Silver, seconded by Mr. Mayo, and unanimously passed, the foregoing committee reports which were moved to the omnibus were approved.

(Ms. Knazze was not present at the time the vote was taken.)

 

ADJOURNMENT

On a motion by Mr. Silver, seconded by Mr. Mayo, and unanimously passed, the meeting adjourned at 5:05 p.m.

(Ms. Knazze was not present at the time the vote was taken.)

Respectfully submitted,

Maria J. Rodriguez

Recording Secretary

February 19 2002

 

REPORT OF THE PROCEEDINGS

OF THE

Board of Trustees

OF THE

Public School Teachers’ Pension and

Retirement Fund of Chicago

____

Executive Session - Official Report

Tuesday, February 19, 2002

____

 

An executive session of the Board of Trustees of the Public School Teachers’ Pension and Retirement Fund of Chicago was held Tuesday, February 19, 2002.

The President, Ms. Mary Sharon Reilly, called the meeting to order at 4:45 p.m. with the following members present: Ms. Anderson, Ms. Finnegan, Mr. Katsulis, Mr. Mayo, Ms. Nolan, Ms. Reilly, Ms. Rodriguez, Mr. Silver, Mr. Sokolnicki, Mr. Ward--10.

Members Absent: Mr. Saffold--1.

(Ms. Knazze was not present at the time roll call was taken.)

Also in attendance were Mr. Michael J. Nehf (Executive Director), Mr. Joseph Burns of Jacobs, Burns, Orlove, Stanton, and Hernandez (Legal Counsel).

Discussion ensued regarding litigation issues. No further action was taken.

There being no further business, the executive session was adjourned at 5:00 p.m.

Respectfully submitted

Maria J. Rodriguez

Recording Secretary