Loading...
Actuarial Valuation of Post Employment Benefit Plans_Silverstone Group, Inc. Copyright 2014 City of Dubuque Consent Items # 9. ITEM TITLE: Actuarial Valuation of Post Employment Benefit Plans SUMMARY: City Manager recommending that the SilverStone Group be selected to conduct the GASB-45 actuarial valuation for 2015. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ❑ Actuarial Valuation of Post Employment Benefit Plans-MVM Memo City Manager Memo ❑ Actuarial Services Memo Staff Memo ❑ Actuarial Services Agreement Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Actuarial Valuation of Post Employment Benefit Plans DATE: December 5, 2014 The City completed an actuarial valuation of the post employment benefit plans in 2009, 2011 and 2013, and the City is required to do another actuarial valuation in 2015. Personnel Manager Randy Peck is recommending that the SilverStone Group be selected to conduct the GASB-45 actuarial valuation for 2015. They performed the GASB-45 actuarial valuation for the City of Dubuque in 2011 and 2013, and they have performed GASB-45 actuarial valuations for several Iowa cities, counties and community colleges. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Randy Peck, Personnel Manager ri-tc crryc� a► � Dubuque DUBE All-Ani edca City 11 asterpiece on the A-11ssissij_-;pi 2007 TO: Michael C. Van Milligen, City Manager FROM: Randy Peck, Personnel Manager SUBJECT: Actuarial Valuation of Post Employment Benefit Plans DATE: December 2, 2014 Actuarial valuations of our post employment benefit plans were completed in 2009, 2011 and 2013. We are required to do another actuarial valuation in 2015. The City provides post employment benefits for eligible participants who are enrolled in City sponsored health plans. The benefits are provided in the form of an implicit rate subsidy where pre-age 65 retirees receive health insurance coverage by paying a combined retiree/active rate for the self-insured medical and prescription drug plan and an explicit rate subsidy where the City pays for the full cost of the fully insured life insurance plan. I received quotes from two actuarial firms to perform the actuarial valuation. Quotes were received from: • SilverStone Group, Omaha, Nebraska — Cost - $5,300 • Gallagher Benefit Services, Inc., Greenwood Village, Colorado — Cost - $9,000 1 recommend that SilverStone Group be selected to conduct the GASB-45 actuarial valuation for 2015. They conducted the GASB-45 actuarial evaluation for the City of Dubuque in 2011 and 2013 and have performed GASB-45 actuarial valuations for several Iowa cities, counties and community colleges. The Actuarial Services Agreement has been reviewed by Assistant City Attorney Maureen Quann and she found the terms to be acceptable. I request that the City Council pass a motion approving the Agreement and authorizing you to sign the Agreement. RP:Imh ACTUARIAL SERVICES AGREEMENT BETWEEN SILVERSTONE GROUP, INCORPORATED AND CITV OF DUBUQUE, IOWA TABLE OF CONTENTS Page 1. Contract for Services 1 2. Actuarial Services 1 3. Other Consulting Services 2 4. Actuarial Fees 3 5. Invoices 3 6. Term 3 7. Termination 3 8. Indemnification of the Plans 3 9. Insurance 4 10. Access to and Ownership of Files and Information 4 11. Public Laws 5 12. Confidential Treatment of Plan Files and Informatloll 5 13. Integrated Agreement; Severability 5 14. Governing Law 6 15. Actuarial Personnel 6 16. Dispute Resolution 6 17. Agreement 7 THIS ACTUARIAL ERVICES AG.RE:EM:ENT ("Agreement") is made and entered into effective as of the i day of'Q, 2014 (the "Effective Date"), by and between. SilverStone Group, doing business frori.i Omaha, Nebraska, (hereinafter referred to as "SilverStone Group"), and City of:Dubuque (hereinafter referred to as the "City"). WITNESSETH WHEREAS, the City maintains several employee benefit plans which are under the general management and administration of the City. WHEREAS, subject to the terms and conditions set forth herein, the City deems it appropriate to engage SilverStone Group to provide eertai.n actuarial services for the plans, and SitverSt'one Group desires to accept such engagement. NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, and for other good and valuable consideration., the receipt and sufficiency of which. are hereby acknowledged, the parties do hereby agree as follows: 1. Contract for Services. The City hereby contracts with Si.lverStone Group for their services as actuaries to the plans, and SiiverStone Group hereby accepts such contract and agrees to provide such services in accordance with this Agreement. 2, Actuarial Services. SilverStone Group shall render such services as actuaries to the plans as requested by the City. Such services shall specifically include, but shall. n.ot be limited to, the services described as follows: a. Governmental Accounting Standards Board GASB 45 valuation and written report based on a Full Actuarial Valuation: • Analyze the data prepared by the City to assess an.y inconsistencies and make recommendations for enhancing data quality • Measurement of the Present Value of Future Benefits (PVF:B) as oldie date of first compliance with the GASB standard • Measurement of the Actuarial Accrued :Liability (AAL) as of the date of first compliance with the GASB standard • Calculation of the Unfunded Actuarial. Accrued Liability (URAL) as of the date of, first compliance with tho GASB standard. • Calculation of the Annual Required Contribution (ARC) for the first - fiscal year in compliance with the GASB standard which would he the basis for the reported annual cost of the plans for accounting purposes, and • :Illustration of the Required Supplementary Information (RS1), if requested, that will be disclosed in the City's financial reports for the first fiscal year in compliance with the GASB standard -1- THIS ACTUARIAL SERVICES AGREEMENT ("Agreement") is made and entered into effective as of the day of , 2014 (the"Effective Date"),by and between SilverStone Group, doing business from Omaha, Nebraska, (hereinafter referred to as "SilverStone Group"), and City of Dubuque (hereinafter referred to as the"City"). WITNESSETH WHEREAS, the City maintains several employee benefit plans which are under the general management and administration of the City. WHEREAS, subject to the terms and conditions set forth herein, the City deems it appropriate to engage SilverStone Group to provide certain actuarial services for the plans, and SilverStone Group desires to accept such engagement. NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: 1. Contract for Services. The City hereby contracts with SilverStone Group for their services as actuaries to the plans, and SilverStone Group hereby accepts such contract and agrees to provide such services in accordance with this Agreement. 2. Actuarial Services. SilverStone Group shall render such services as actuaries to the plans as requested by the City. Such services shall specifically include, but shall not be limited to, the services described as follows: a. Governmental Accounting Standards Board GASB 45 valuation and written report based on a Full Actuarial Valuation: • Analyze the data prepared by the City to assess any inconsistencies and make recommendations for enhancing data quality • Measurement of the Present Value of Future Benefits (PVFB) as of the date of first compliance with the GASB standard • Measurement of the Actuarial Accrued Liability(AAL) as of the date of first compliance with the GASB standard • Calculation of the Unfunded Actuarial Accrued Liability(UAAL) as of the date of first compliance with the GASB standard • Calculation of the Annual Required Contribution(ARC) for the first fiscal year in compliance with the GASB standard which would be the basis for the reported annual cost of the plans for accounting purposes, and • Illustration of the Required Supplementary Information(RSI), if requested, that will be disclosed in the City's financial reports for the first fiscal year in compliance with the GASB standard -1- C. As appropriate and if requested, prepare an analysis on how establishing a trust or equivalent arrangement would affect the interest rate assumption. Timing considerations of establishing the trust should also be considered. d. As appropriate and if requested,provide recommendations on managing the OPEB liability. This may include changes in benefit design or retiree contributions, including specific recommendations and options. e. As appropriate and if requested,review and update plan documents and design. Make recommendations as to formalizing informal plans and procedures. f. General Actuarial Consulting Services Relating to: (i) administration of the plans; (ii) general trends in actuarial practices; and(iii) changes in federal legislation and regulations, all upon request by the City. g. Attendance at Meeting If requested, the actuary may attend a meeting to review and discuss results of the annual actuarial valuation. We will distribute and discuss a management summary of the valuation at the annual meeting. h. Additional Valuation Results At the request of the City, Silverstone Group will extend the actuarial valuation analysis to determine the effect on annual costs and the funded status of the plans as a result of: • a change in actuarial assumptions or actuarial methods • a change in eligibility requirements of existing benefit provisions • changes in benefit provisions i. Report to Auditors/Assisting Auditors At the request of the City, Silverstone Group will respond to the auditor's request for information regarding the annual actuarial valuation and financial disclosures that may be needed to provide the audit confirmation. 3. Other Consulting Services. SilverStone Group will provide, at the City's request, additional consulting services to the plans. These services may include, but are not limited to, (i) additional meetings; (ii) plan design analysis; (iii)merger/acquisitions and impact on the existing plans or the plans of acquired entities; (iv)plan document or plan summary reviews; (v) any other actuarial or administrative consulting services deemed necessary or appropriate by the plans of the City; (vi) suggestions/recommendations by SilverStone Group. -2- 4. Actuarial Fees. As consideration for any of the services set forth in Paragraphs 2 and 3 above, the City agrees to pay SilverStone Group fees based on any reasonable direct expenses, any reasonably related travel expenses and hourly time charges based on the time recorded to complete the services and the hourly billing rates for the designated personnel as follows: Principal Actuary $250 OPEB Actuarial Analyst $150 Group Benefit Consultant $250 However, for the Fiscal Year Valuation, SilverStone Group will guarantee the maximum fees to complete the services in Paragraph 2a consistent with a Full Actuarial Valuation will be no more than$5,300. Hourly rates for years following 2014 may be increased to reflect trends in hourly rates, but any increase will not exceed 5% for each year following 2014. 5. Invoices. SilverStone Group shall provide the City with quarterly invoices not later than the twenty-fifth (25th) day of the month following each calendar quarter. These invoices shall set forth the amount of fees above for the preceding calendar quarter. Payment for services must be made within 30 days of receipt of invoice. Payments made subsequent to such period, shall be subject to a late charge and reasonable interest as determined by SilverStone Group. 6. Term. The term of this Agreement shall commence on the Effective Date, and shall continue through December 31, 2016, unless terminated before that time by the City. The continuation of the agreement shall be contingent upon the periodic review by the City of the services being provided by SilverStone Group. This Agreement may be renewed for additional annual periods by mutual written agreement by both parties. 7. Termination. The City may terminate this Agreement at any time, with or without cause,by providing delivery of at least 60 days' advance written notice to SilverStone Group. In the event that the City exercises its right to terminate the Agreement as provided in this Paragraph 7, SilverStone Group shall be entitled to payment pursuant to Paragraph 5 hereof for services actually rendered to the City prior to the date of termination. SilverStone Group may terminate this agreement at any time, with or without cause, by providing delivery of at least 60 days written advance notice to the City. 8. Indemnification of the Plans. SilverStone Group shall defend, indemnify and hold the City harmless from and against any and all claims, suits, losses, liabilities, costs, damages and expenses, including reasonable attorneys' fees and court costs, suffered or incurred by the City arising from or as a result of negligence, fraud or willful misconduct by SilverStone Group or any representative, agent or employee of -3- SilverStone Group, or any such party's failure to perform its duties and obligations under this Agreement. To the extent authorized by law, the City shall defend, indemnify and hold SilverStone Group harmless from and against any and all claims, suits, losses, liabilities, costs, damages and expenses, including reasonable attorney's fees and court costs, suffered or incurred by SilverStone Group arising from or as a result of negligence, fraud or willful misconduct by the City or any representative, agent or employee of the City or any such party's failure to perform its duties and obligations under this Agreement. 9. Insurance. From and after the Effective Date and continuing throughout the term of this Agreement, SilverStone Group shall, at their sole cost and expense, comply with the insurance requirements set forth in the attached Insurance Schedule C. SilverStone Group shall provide the City with a certificate evidencing such coverage prior to the commencement of any services under this Agreement. SilverStone Group shall provide the City with not less than sixty(60) days prior written notice of any proposed change in the type, coverage or amount of insurance required hereunder. 10. Access to and Ownership of Files and Information. SilverStone Group hereby acknowledges and agrees that the City and the City's authorized representatives, agents and employees shall have access to and the right to examine, inspect, audit, transcribe and copy during SilverStone Group's normal business hours, any and all accounts, books, documents, records and papers relating to the services provided pursuant to this Agreement. All such examinations shall be at the City's expense and shall be conducted in a manner which preserves the confidentiality of SilverStone Group's records and business operations. All intellectual property rights (such as copyrights and trade secrets)relating to materials and information developed by or relating to the plans and disclosed or supplied to SilverStone Group under this Agreement(the"Plans Information") will belong exclusively to the City. All intellectual property rights (such as copyrights and trade secrets)relating to SilverStone Group's work product(including all materials and information developed by SilverStone Group in the course of performing services under this Agreement, but excluding Plans Information) ("SilverStone Group's Work") will belong exclusively to SilverStone Group. If personnel of SilverStone Group incorporate into SilverStone Group's Work any information relating to the plans to which SilverStone Group's confidentiality obligations under this Agreement apply, the information so incorporated into SilverStone Group's work will be and remain subject to such confidentiality obligations. SilverStone Group hereby grants to the City the perpetual and unrestricted right to use, reproduce and incorporate into other work all SilverStone Group's work delivered to the City under this Agreement for any internal business purpose of the City. -4- 11. Public Record Laws. SilverStone Group understands and acknowledges that the City is subject to public records laws and must comply with any requests for public records made pursuant to such laws. City's compliance with applicable public records laws will not be deemed a breach of the Agreement. 12. Confidential Treatment of Plan Files and Information. SilverStone Group acknowledges and agrees that, in the course of rendering their actuarial services and otherwise performing their duties and obligations hereunder, they shall be provided and entrusted with the safekeeping of certain documents and information relating to the City and its property and accounts (hereafter referred to as "Plans Files"). All such Plans Files shall at all times during the term of this Agreement and for a period of five (5)years thereafter, be treated by SilverStone Group as strictly confidential and sensitive proprietary business information. SilverStone Group shall maintain commercially reasonable policies and procedures to ensure the confidentiality and safekeeping of such Plans Files and shall not, except in accordance with the express terms of this Agreement or with the prior written consent of the City, disclose or permit the disclosure of any Plans Files to any person or entity whatsoever other than SilverStone Group's employees, officers and agents directly assigned to provide actuarial services to the plans hereunder, each of which shall be provided with such Plans Files solely on a"need-to know"basis and shall be bound by the confidentiality provisions of this Paragraph 11. The parties hereto acknowledge and agree that the confidentiality provisions set forth in this Paragraph 11 shall not apply to: (i) information which is already known to SilverStone Group prior to disclosure by the City; (ii) information which is in the public domain or is otherwise generally available to the public; (iii)information which is available to SilverStone Group from third parties, which third parties and information are not subject to non-disclosure obligations to the City or(iv) information which is independently developed by SilverStone Group. Furthermore, in the event any court or regulatory order or other service of legal process requires SilverStone Group to disclose information subject to the confidentiality provisions of this Paragraph 11, SilverStone Group, after providing written notice to the City as soon as reasonably possible after receipt of any such order or service of process, shall be permitted to make any disclosure required by law. SilverStone Group further agrees to cooperate with the City in responding to any such orders. SilverStone Group acknowledges and agrees that any breach, attempted breach or repudiation of the confidentiality requirements set forth in this Paragraph 11 would produce irreparable harm and injury to the City and therefore agree that specific performance and/or injunctive relief, in addition to any other remedies available to the � City at law or in equity, shall be remedies available to prevent the breach, attempted breach or repudiation of this Paragraph 11. 13. Integrated Agreement; Severability. This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof. No other prior or contemporaneous representations, inducements,promises, or agreements, oral or otherwise, between the parties relating to the subject matter hereof and not embodied in this Agreement, shall be of any force or effect. This Agreement shall not be modified except in a writing signed by all parties hereto. If any provision of this Agreement shall -5- for any reason be held to be invalid, unenforceable, or contrary to public policy, whether in whole or in part, the remaining provisions shall not be affected by such holding. 14. Governing Law. The statutes, regulations, and judicial interpretations of the laws of the State of Iowa shall determine all questions arising with respect to the provisions of this Agreement, except to the extent federal statutes supercede the laws of the State of Iowa. 15. Actuarial Personnel. SilverStone Group shall at all times throughout the term of this Agreement maintain a team of qualified professionals comprised of designated full- time employees/principals of SilverStone Group who are permanently assigned to monitor, oversee and provide on a daily basis all of the actuarial services to be provided to the plans hereunder, and to receive and address all concerns communicated by the City. The City, in its sole discretion, shall have the right to demand the replacement of any individuals assigned to provide actuarial services to the City hereunder, in which case SilverStone Group shall immediately replace such person(s) with qualified replacements acceptable to the City in its sole discretion. SilverStone Group shall provide the City with not less than thirty(30) days advance written notice of any personnel changes or changes in SilverStone Group's management or organizational structure which may have an impact on SilverStone Group's performance hereunder. SilverStone Group shall use their good faith best efforts to minimize any disruption or interference with the actuarial services provided to the City as a result of any such management, organizational or personnel changes. 16. Dispute Resolution. Any controversy, dispute or questions arising out of, in connection with or in relation to this Agreement, between the City and SilverStone Group, its affiliated companies, shareholders, associates, or Board members or its interpretation,performance or nonperformance or any breach thereof shall be resolved through mediation before a mediator mutually agreed upon by the parties. In the event mediation fails to resolve the dispute within 30 days after a mediator has been agreed upon or such other longer period as may be agreed to by the parties, such controversy, dispute or question shall be settled by arbitration in accordance with the rules of the American Arbitration Association as applied to Iowa by a three-person panel of arbitrators. The Iowa District Court for Dubuque County may enter a judgment upon the award rendered by the arbitrator. Each party will advance '/z of the cost for the arbitration. The prevailing party will be entitled to the right to record any judgment in any and all jurisdictions in order to enforce the judgment and an allocation of cost within accordance with the arbitrator's decision. -6- 17, ;Notice. Notice under this Agreement must- be provided to: SilverStone Group Attn: Michael Vech 11516 .Miracle 1 -tills Drive, Suite 100 Omaha, NEE 68154 City: 'Michael Van Mitlilen 50 West 13'x' Street Dubuque, IA 52001 IN WITN'ESS WHEREOF, the City and SilverStone Group have duly executed this ACTUARJAJ.. SERVICES AGREEMENT effective as of the day and year first above written. CITY: By: Title:._City Manager Date: Addresses City of Dubuque 50 West 13`x' Street Dubuque, IA 52001. SILVERSTONE GROUP: By: Title: A_v,Nc-1.i>,�L Date: V2- - t S ( 4 SilverStone Group, Incorporated 11516 Miracle Hills Drive., Suite 100 - Omaha, NE 68154 595401r1.%91,008 -7- City of Dubuque Insurance Requirements for Professional Services Insurance Schedule C 1 SilverStone Groupshall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Providers presenting annual certificates shall present a Certificate at the end of each project with the final billing. Each Certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project# or Lease of premises at or construction of 2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate shall be furnished to the contracting department of the City of Dubuque. 4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Subcontractors and sub subcontractor performing work or service shall provide a Certificate of Insurance in accord with Exhibit I. 6. All required endorsements to various policies shall be attached to Certificate of insurance. 7. Whenever a specific ISO form is listed,an equivalent form may be substituted subject to the provider identifying and listing in writing all deviations and exclusions that differ from the ISO form. 8. Provider shall be required to carry the minimum coverage/limits,or greater if required by law or other legal agreement, in Exhibit I. 9. Whenever an ISO form is referenced the current edition of the form must be used. Page 1 of 3 Schedule C, Professional Services October 2013.Doc City of Dubuque Insurance Requirements for Professional Services I Insurance Schedule C (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit(any one occurrence) $ 50,000 Medical Payments $ 5,000 a) Coverage shall be written on an occurrence,not claims made,form. All deviations from the standard ISO commercial general liability form CG 0001,or Business owners form BP 0002, shall be clearly identified. b) Include ISO endorsement form CG 25 04"Designated Location(s)General Aggregate Limit" or CG 25 03"Designated Construction Project(s)General Aggregate Limit"as appropriate. c) Include endorsement indicating that coverage is primary and non-contributory. d) Include endorsement to preserve Governmental Immunity.(Sample attached). e) Include an endorsement that deletes any fellow employee exclusion. f) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials,all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2026. B) AUTOMOBILE LIABILITY $1,000,000(Combined Single Limit) C) WORKERS'COMPENSATION &EMPLOYERS LIABILITY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage A Statutory—State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee-Disease $100,000 Policy Limit-Disease $500,000 I Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. Coverage B limits shall be greater if required by Umbrella Carrier. D) UMBRELLA LIABILITY $1,000,000 Umbrella liability coverage must be at least following form with the underlying policies included herein. E) PROFESSIONAL LIABILITY $ 1,000,000 Page 2 of 3 Schedule C, Professional Services October 2013.Doc City of Dubuque Insurance Requirements for Professional Services Preservation of Governmental Immunities Endorsement 1. Nonwaiver of Governmental Immunity.The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does it not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage.The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non-Denial of Coverage.The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s)of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 3 of 3 Schedule C, Professional Services October 2013.Doc