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2004-06-21 - Firefighter Pension Board - Minutes Board or Commission: ❑ Fire Pension Board Document Type: 0 A e g nda 0 Minutes Meeting ate: 06/21/2004 Type of Meeting: ❑ Regular Meeting Buffalo Grove Firefighters Pension Fund Quarterly Meeting June 21, 2004 1051 Highland Grove Drive Buffalo Grove, Illinois Members Present: President J. Wieser, Secretary T. Shurba, , T Gough , M. Anderson, W. Raysa, J. Sirabian. Members Absent: E. Hartstein, Chief T. Sashko, J. Tenerelli Guests: Scott Anderson, Art Malinowski, from the Village of Buffalo Grove. Robert Ackerman from Mesirow Financial. Meeting called to order at 18:15 by President Wieser. Pension Trustee elections were held on April 28, 29 and May 1, FF/PM T. Gough retained his seat for the next three years. Pension Board election held. Motion made by M. Anderson that President Wieser and Secretary Shurba continue to serve in their respective positions. Seconded by Raysa. No discussion. Motion Carries. President Wieser advised us that we need to find doctors for independent medical evaluations (IME's) for FF/PM J. Newkirk who has applied for a duty related disability. Motion by Raysa for president Wiser to find three (3) IME to sent Newkirk to. Seconded by Gough, no discussion. Motion carries. President Wieser also advised us that Becky Smith has now applied for a duty related death benefit. We need to send all FF/PM M. Smiths (deceased) medical records to three doctors for a chart review. Motion by Shurba for President Wieser to find three doctors to review FF/PM M. Smith. Medical records. Seconded by Gough. Some discussion that the doctors will all be cardiologists, motion carries. President Wieser advised the board that the fund will be part of a class action law suit against PIMCO. More to follow. Motion to approve the minutes from the quarterly meeting on November 3, 2003 made by Raysa, seconded by Sirabian. Dissuasion on a few changes that were made i.e. Misspelled names. Motion carries. Gough asked whether a transcript would be available to review from the Calibraro hearing. President Wieser said he has not seen it but there will be one. Meeting turned over to Robert Ackerman from Mesirow Financial. Bob discuss interest rates and what was going on in the market. Lately Bob has been buying short term CDs and step up bonds. Bob recommends that at this time we should stay conservative and continue to buy short term CD, and step up bonds. We currently have about 1.38 million in cash. Bob recommends that we put 500 thousand in a CD that comes due in 2006. rate approx. 3.31/4 600 thousand in a CD that comes due in 2007. rate approx. 3.6 280 thousand in a CD that comes due in 2008. rate approx. 4.0 to 4.1 We also have another 600 thousand coming due at the end of the year, Bob recommends that we buy step up bond with that. But we can discuss that at our next meeting. Motion made to invest 1.380 million in CD's to mature over the next three years made by Sirabian. Seconded by Anderson. No discussion, motion carries. Discussion on equities followed. We are currently in seven different funds. We need to keep an eye on the State Street Research fund. Fund has not been performing as it has in the past. Bob feels it should be a good year in the equities market. Motion made by Shurba to take one million dollars from the Illinois fund and buy step up bonds if a six percent return can be found. Seconded by Anderson. Bob said he would call President Wieser if he can find those bonds. Motion carries. Motion to adjourn made by Sirabian. Seconded by Shurba. Meeting adjourned at 1900 hours. Submitted June 23, 2004 By Tony Shurba ` . . ,� `, �� , s BEFORE THE BOARD OF TRUSTEES OF THE BUFFALO GROVE FIREFIGHTERS' PENSION FUND . � IN THE MATTER OF THE ) SURVIVING SPOUSE DISABILITY ) APPLICATION OF : ) ) MRS. REBECCA SMITH ) SURVIVING SPOUSE OF ) FIREFIGHTER MATTHEW SMITH ) ) VILLAGE OF BUFFALO GROVE'S REPLY TO PETITIONER'S MEMORANDUM OF LAW IN OPPOSITION TO THE VILLAGE'S PETITION TO INTERVENE Now Comes the Village of Buffalo Grove, by and through Michael J. Duggan, Klein, Thorpe and Jenkins, Ltd., and states as follows as a reply to Petitioner's Memorandum in Opposition to the Village's Petition to Intervene: I) THE COURTS HAVE RECOGNIZED THAT IT IS A PROPER EXERCISE OF THE DISCRETION O F A PENSION BOARD TO ALLOW THE VILLAGE TO INTERVENE IN BENEFIT ELIGIBILITY HEARINGS Petitioner makes the argument that the Illinois Code of Civil Procedure is inapplicable to hearings before a Fire Pension Board and thus concludes that it is improper to consider the Village's petition to intervene. Petitioner is correct that the Illinois Code of Civil Procedure does not, by its terms, govern hearings of this pension board, but it is at least instructive as to what factors a Pension Board should consider in passing on a Petition to Intervene in a hearing. As noted in our initial memorandum, the courts of Illinois have recognized that it entirely proper to allow a municipality to intervene in a hearing involving the question of the eligibility for benefits in benefit applications under its pension funds. In Peterson v. Board of Trustees of the #144581 v 1<iManage>-reply--Smith intervention ., � , `� ~ / Firemens'Pension Fund of the Ciry of Des Plaines, 5 Ill. App. 3d 180, 281 N.E.2d 368 ( 15` Dist., 1972), the court stated that: "Since the City had a substantial interest in the expenditure of pension funds, it had a right to be represented at the hearing." 281 N.E.2d at 372. The court rejected the petitioner's argument that the participation in the eligibility hearing by an attorney for the city denied him a fair hearing. The court also noted that the "number of firefighters given disability pensions directly ai�'ects the duty of the City to provide its proportion of funds to enable the pension system to function" in affirm'mg the right of the City to appeal the decision to grant the pension entered by the Circuit Court. 281 N.E. 2d at 370. Further, in Village of Stickney v. Board of Trustees of the Police Pension Fund of the Village of Stickney, 347 Ill. App. 3d 845, 807 N.E.2d 1078 ( 15`Dist., 2004), the court stated that "we agree with the trial court that the Board has the power to exercise its discretion in deciding whether to allow a party to intervene." 807 N.E.2d at 1083. In that cased, the Village's attempt to participate in the examination of witnesses at the hearing was rejected by the Board, possibly because the Board had requested that the Village file a formal petition to intervene, and the Village ignored that request, simply appearing on the night of the hearing and demanding the right to participate. The cases are clear that the Board has the ability to exercise its discretion to allow the Village to intervene in this matter and that it should do so, given the serious question of eligibility involved, and the duty of the Village to provide funding for the pension system. In THE ��EXCLUSIVE PURPOSE" CLAUSE IS NOT VIOLATED BY THE BOARD PERMITTING THE VILLAGE TO ACT IN AN ADVERSARIAL CAPACITY ON THE QUESTION OF ELIGIBILITY FOR BENEFITS #t 44581 vl<iManage>-reply--Smith intervention . , � � , Petitioner argues that the "exclusive purpose" language of the Pension Code describing the duties of fiduciaries would be violated by allowing the Village to participate as an advocate in this matter to contest the eligibility for additional benefits of the Petitioner. In Petitioner's view, allowing the Village to intervene in this matter to protect the interests of the Village violates the rule set out in 40 ILCS 5/1-109(a) that the Board members must carry out their duties for the "exclusive purpose of: 1) providing benefits to participants and beneficiaries . . ." The sole purpose for the Village's seeking of intervention in this matter is to provide an adversarial test to the petitioner's assertion of eligibility. ( The Village acknowledges petitioner's waiver of any possible claim under the Illinois Public Safety Employees Benefits Act, thus removing that issue as a consideration in this matter.) The Board will then exercise its fiduciary duty, after hearing the evidence, by deciding whether the petitioner meets the criteria.of eligibility for benefits. It is the assumption of our legal system that the adversarial testing of an assertion is the most likely way for a fact finder to reach an accurate result, and thus the interjection of advocacy into this matter has a distinct benefit tot the decision maker. Under the petitioner's formulation, the "exclusive purpose"rule evidently requires the Board to examine each application for benefits uncritically and to grant each without reservation. Of course, such a practice would not serve the exclusive purpose rule, for we must read that rule to require that the Board discharge its duties in insuring that benefits are provided to eligible participants and beneficiaries, and not to others who do not qualify for them;to hold otherwise would be to say that the Board must grant benefits to all that ask for them, whether properly entitled or not. Such a practice would do direct harm to all members and beneficiaries of the Pension Fund. #144581v1<iManage>-reply--Smith intervention � �, i CONCLUSION For all of the forgoing reasons and the reasons stated in our initial petition and memorandum, the Village should be permitted to Intervene. VILLAGE OF BUFFALO GROVE by KLEIN, THORPE AND JENKINS, LTD, Its attorneys � Michael J. Du Michael J. Duggan KLEIN, THORPE AND JENKINS, LTD. 20 North Wacker Drive, Suite 1660 Chicago, Illinois 60606 (312) 984-6400 #144581v1<iManage>-reply--Smith intervention �./ � BEFORE THE BOARD OF TRUSTEES OF THE BUFFALO GROVE FIREFIGHTERS' PENSION FUND In the Matter of ) Firefighter Matt Smith ) Petition for Surviving ) Spouse Benefit ) NOTICE OF FILING AND PROOF OF SERVICE TO: See Attached Service List PLEASE TAKE NOTICE that on November 9,2004,I caused to be filed with Board Of Trustees Of The Buffalo Grove Firefighters'Pension Fund,Village of Buffalo Grove,Village Hall,50 Raupp Blvd., Buffalo Grove, IL 60089, the VILLAGE OF BUFFALO GROVE'S PETITION TO INTERVENE and MEMORANDUM OF LAW IN SUPPORT OF ITS PETITION TO INTERVENE, a copy of which is enclosed herewith and served upon you. � .' J , v �, �� �A� PROOF OF SERVICE I,Elena Tanta,being a non-attorney,on oath state that I mailed a copy of this Notice,together with its attachment,to the individuals named on the Service List via facsimile and U.S.mail,proper postage prepaid, on November 9, 2004, at or before 5:00 p.m. �2Y.1 a� � � Michael J. Duggan Klein, Thorpe and Jenkins, Ltd. 20 North Wacker Drive, Suite 1660 Chicago, Illinois 60606 (312) 984-6400 iMana�e 134332 I . � • . � � Via Facsimile: (630) 682-0788 and U.S. Mail Ms. Carolyn Welch Clifford Ottosen, Trevarthen, Britz, Kelly, and Cooper, Ltd. 300 S. County Farm Road, 3`d Fl. Wheaton, Illinois 60187 Via Facsimile: (630) 682-0788 and U.S. Mail Mr. Robert W. Trevarthen Ottosen, Trevarthen, Britz, Kelly, and Cooper, Ltd. 300 S. County Farm Road, 3`d Fl. Wheaton, Illinois 60187 Via Facsimile: (630)654-9676 and U.S. Mail Richard J. Reimer Richard J. Reimer&Associates 15 Spinning Wheel Road, suite 225 Hinsdale, Il. 60521 Mr. Arthur Malinowski Director of Human Resources Village of Buffalo Grove Buffalo Grove, I1. 60089 50 Raupp Blvd. Buffalo Grove, IL 60089 #139530v1<iManage>-Service List.Smith Matter