- http://www.xmind.net/share/DoubleWhitehouse/what-professional-financial-officers-need-to-know-in-order-t-1/
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Lecture "Take Homes"
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Increasing the efficiency and effectiveness of DC plans, including 457 plans, immediately increases public employee retirement income (PV) by tens of millions of dollars
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Failure to address the old paradigm of record keeper control of investments out of which these opportunities arise, is a breach of fiduciary duty
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A 457 plan is tax sheltered only because 457 plan monies are held in trust
- Trustees of IRC trusts must act exclusively in the best interest of plan participants
- A trustee's fiduciary duty under an IRC trust includes the prudent management of expenses
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Appropriate and effective DB / DC plan design is not a fiduciary obligation
- Rather, plan design is evaluated based solely on whether, and the extent to which, it supports the mission of the government plan sponsor
- Every DB and DC pension plan needs a funding policy; but funding policy objectives are largely the purview of the government plan sponsor
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A trustee fiduciary has an obligation to create and manage plan investments in support of that funding policy
- For example, if a DC plan sponsor pays for adminstrative expenses, the trustee fiduciary is largely precluded from using mutual funds that pay revenue sharing to the plan
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In a DB plan, an investment policy set by the trustee fiduciary must establish investment volatility constraints consistent with the plan's funding policy objectives, given:
- The current funding status of the plan
- Reasonable expectations as to the level and timing of future contributions and expenses
- Expected benefit payment obligations in the current year, and for each future year
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Efficient and effective plan administration is a fiduciary obligation
- Fiduciary and "management" audits, and/or properly constructed RFIs and RFPs, are valuable and often necessary fiduciary tools
- Waste is a breach of the public trust as well as a breach of fiduciary duty
- By Darlene Maleney and Herb Whitehouse FGFOA Annual Conference, Orlando, FL, May 6, 2012
- Or: "How to sucessfully develop and implement alternatives to defined benefit pension plans."
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Case History Paradigms
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Orange County Florida 457 DC plan
- Three vendors, each offer funds consistent with vendor profit objectives
- No fiduciary oversight of investments
- No working "path to portfolio" for employees, and no "outcome" orientation to participant services
- $1M a year in waste
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Infirmary Medical System, Mobile, Alabama
- DB plan frozen
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Higher contribution to DC plan for new employees
- Topic
- Many highly skilled essential employees eligible to retire in 7 to 15 years
- Enhanced DC plan inadequate to either recruit or retain mid-career employees
- Demand for skilled care services and skilled staff to provide that care, were projected to rise significantly over that same 7 to 15 years
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We will discuss the evaluation of each situation, and the design, governance, and administrative solutions provided for each
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Orange County
- A fiduciary governance structure and ongoing fiduciary oversight
- Key to administrative savings, to enhanced participant services, and to fiduciary investment oversight was the use of a single record keeper and participant service provider with fiduciary rather than vendor control of investments
- Enhanced participant services
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Infirmary
- Reopen modified (cash balance type) DB plan
- Reduced DC plan contributions
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A "TRO" structure established to jointly serve DB and DC administration and participant services, as well as actuarial funding policy and contribution and expense support
- Increased level of and coordinated participant and plan sponsor services
- Key was using coordinated single data feed to support DB and DC administration, combined participant services and communications, and actuarial work, including reduced annual "data scrubbing"
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Pension plan design must be ordered to meet City, County, and other Constitutional government entity "Mission Obectives"
- A government's mission objectives are achieved largely by people with the right mix of experience, education, and longevity/consistency of tenure
- The tax advantages of "qualified" deferred compensation enhance the recruiting, retention, and reward aspects of DB and DC pension plans
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Younger employees overwhelmingly value DC type benefits
- This is less true in tenured and career employment employment
- Recruiting and retention of skilled and educated mid-career employees is highly constrained without a DB pension plan
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We will cover this subject in three ways: Approximately 30 minutes for each segment
- Expository "lecture"
- Examples from our personal experience
- Dialog and ducussion of audience issues and concerns