დაჳავანბ჈ ვალებიტალა დანლა ვადები რეოდინოეთლ, ჭერებიეგრეოევირე დალებიოდემ ჭალებიოედი ვ� მეოდა ვავლებიოები რეოდიწ მინდი სათნოევეთლ、 მეოვებიოევე რედირებიოეევევერევებიოები რ აელიგრჴღ ჯუიო სა჏ვევე სუირუინინი რევენინიოევებირადი რეეოეო ჩოავევე რებევე რემ თრებო ფ� Î we are here to convene the policemen and firefighters Retirement Fund Board agenda meeting and so first thing I'll do the first item on our agenda is some matters requiring board action and Susan if you'll lead us through I will do please. The first item on the agenda is the treasurer's report and Mr. O'Meara will give that report. Thank you. Attached in the packet today is the usual treasurer's report showing balances bank statements and activity. It also includes an authorization to transfer 2.1 million to cover payroll. Any questions. I believe we need if there are no questions we need a motion motion to accept the report and approve the transfer letter. All right. We have a motion and a second. Is there any discussion. Seeing none. All those in favor please say aye. Is anyone opposed. All right. That motion passes. Right. In addition to give you a comparison total funds as of this morning seven hundred and fifty one million seven hundred and thirty one thousand and seventy nine dollars. And that compares to the same time last month. Seven hundred and sixty one million four hundred and thirty eight thousand five hundred and forty eight. Very good. Are there any questions for Mr. O'Meara. All right. Thank you very much. Item number two is new business. Item number one is ghost time purchases for Stacy Shannon Jeremy Cooper and Jason Wallace. I need a motion to approve. Second. All right. Is we have a motion a second. Is there any discussion. Seeing none. All those in favor please say aye. Is anyone opposed. All right. That motion passes. Item number two is what is a benefit for a Judy Arthur in the packet. It does say that please approve twelve fifty. That should be changed to one thousand three ninety five thirty five. And I need a motion to approve. So moved. All right. We have a motion and a second. Are there any questions or comments. All those in favor please say aye. Anyone opposed. All right. That motion passes. Item number three is the active fire trustee election results and Trey Abel will represent the fire department for another two years. He ran unopposed. Item number four active police trustee election. Lieutenant Jonathan Bastion ran unopposed and will serve on the board for the next two years. All right. Congratulations. Item number five. We need to set a committee to count the retiree election ballots. I need at least two people that can count for me and we can work around the schedule. OK. How much time do you think's involved. Thirty minutes. Thirty minutes. Do I have a couple of volunteers. Commissioner Armstrong and Mr. Vance. All right. Thank you very much. Yeah. Do we need to was my motion. Did Mr. Vance run this time. No he did not. That's what. Just for police. Just for me. So it would be Mr. Puckett. Uh huh. Well your hand went up. You're. All right. This is a committee. You could go ahead and set a meeting date for the committee would just call a special meeting. OK. OK. What's your pleasure. Do you want to set a date. Or as a point of order would it be appropriate just to call it a work group because normally the historically we haven't counted the ballots in front of the public. It's been an effort to count ballots and then report the results. If this body is creating a group from its members to do something then I think you're going to have to call them over. Technically I suspect it's. Yeah it's a subcommittee. Is there is that does this create any problem. I mean how do you do this in front of the public. One for you one for you. I mean I don't know how this works to actually post it saying that there is a meeting and that if somebody wants to attend they can attend. OK. Similarly the Board of Elections does this every year when they do the final ballot counts. It's an open meeting they come in and they just go over the numbers. OK. So there's no reason why I can think that it would need to be done privately. I don't know. I'm not familiar enough to know if your ballots are cast secret ballots and all you're doing is counting numbers. No they're mailed back in with people's names attached. So that's where I think due to privacy. Well I don't know that you would need to announce who someone's voting for versus here's a vote for whichever person is getting the vote. But you can work out those details later. I guess what I'm saying is necessarily a public body that creates a group to look at something. The name of what you call it doesn't necessarily trigger whether you follow the law or not. It's the nature of the body. And it's hard for me to tell you that if you're creating a group to count these ballots from your members as you should that it wouldn't be subject to open meetings. It would not or it would be. That's what I tell you that it is. And I don't know how you've done it before but I don't think it's going to be that big of a problem. Would it be done in here. It's usually done. It can be done in a in a meeting conference room probably the conference room next to my office is where we usually have it. It won't be broadcast. OK. All right. All right. So would you like to set your meeting today or just figure out and call a special meeting. What works. And figure out what. Yeah I can post a special meeting up on the effect. That's perfect. Thank you. And does that take care of. I think we probably need a motion to form this or do we. Yes we probably should for the record. We have a motion by Commissioner O'Mara. All right. And Mr. Maxwell seconded. Is there any more discussion. All right. All those in favor say aye. Anyone opposed. And so you'll get together and figure out a meeting date. Thank you very much. All right. Number six. Mr. Ritchie. Welcome. Morning. For those of you who may not know me my name is Brian Ritchie. I'm an attorney with Wallingford Law here in Lexington. And our firm has represented the board. Yes. Speak a little louder. Our firm has represented the board as outside counsel in connection with tax matters and the tax qualification of the fund and dealing with the IRS and that type of thing. So I'm here today to talk about a couple issues regarding qualified domestic relations orders. Roger and Keith contacted me a while back with a couple of questions that they wanted some guidance on regarding quadros. I put together a memo which contained my kind of thoughts and recommendations that I think all of you have received a copy of. And I'll just give you a brief overview of the memo and the issues. And then I'm happy to answer any questions that you all may have. So really the two there were two main questions. One was whether the fund should accept qualified domestic relations order orders that relate to alimony or maintenance. Quadros can be entered by a court for several purposes. They most commonly are entered to divide a retirement benefit as marital property between spouses. But they can also be entered for purposes of child support. Or they can also be entered for purposes of alimony or maintenance. If a court were to award a spouse alimony or maintenance, a retirement benefit can generally be divided for that purpose. Now the issue with the fund. The fund obviously is a governmental plan. So it is not subject to ERISA with respect to quadros. So the extent to which the fund has to accept quadros is governed by state law, by the laws that the provisions of the Kentucky revised statutes that relate to the fund. And the courts, while the those statutes do not explicitly require the fund to accept quadros, but the courts in decisions have held that the fund is required to accept quadros that relate to the division of marital property. But and the fund has for the last 20 or so years accepted quadros that divide a benefit as marital property. But there is no there are no decisions that interpret the statutes to require the fund to honor quadros that relate to alimony or maintenance. And you know let me say it's my understanding that it's pretty rare that the fund receives a quadro that relates to alimony or maintenance. So this is not an issue that is coming up a whole lot. So it was outlined in the memo. My recommendation is that you know as of right now the fund not accept or recognize quadros that relate to alimony or maintenance if the fund does happen to receive those because you know I don't think at this point there's enough authority under the statutes for the fund to do that. And then the second issue was just you know if the fund does not accept quadros related to alimony or maintenance. Does that possibly adversely affect the tax qualification of the fund. And you know the answer to that is no. I don't think there's any risk of any negative aspects or possibilities regarding the tax qualification of the fund if the fund does not accept those types of quadros. OK this would be a good time to ask questions of Mr. Ritchie. Are there any. I guess my question would be since we're already accepting some. How does that weigh into this. We've kind of already set the precedent that we're doing it. Well you know there's. There's clear authority judicial authority that says the fund has to accept quadros that relate to marital property. And those those are very different than a quadro that relates to alimony or maintenance. They're two different issues really. So the fact that the fund has accepted quadros relating to marital property I don't think really has any impact on whether it refuses to accept quadros related to alimony or maintenance. I guess my other concern is then out of simplicity. It's probably easier. For us to accept them than it is to not. So if we were does it cause us any additional problems. Yes I think if you did accept them it could possibly cause problems because I don't think there is authority sufficient authority for the fund to accept them. So if the fund were to accept a quadro related to alimony or maintenance it's possible that at a later time someone could challenge that and have that decision reversed on the basis that the fund did not have sufficient authority under the statute to accept that quadro. And the fund could conceivably end up in a situation where it has to pay double benefits or is at risk of double liability. Now I will say that it's my understanding that you know the few times that this has arisen I think there have been some workarounds on an informal basis where the fund has worked with the parties to you know achieve the result they want without having to formally accept a quadro. So I think you know where this does possibly arise in the future I think there are ways to you know work around it and get the result that the parties the spouses want without having to get into the whole issue of accepting a quadro. I was wondering if you could perhaps give more of a layman's example of how how you're actually differentiating between something being treated as marital property versus something being treated as a maintenance or sure sure alimony alimony payment. So in every divorce proceeding the court looks at all the assets that the couple has that's the marital property and it divides up that property houses cars retirement benefits. So that is when we talk about division of marital property that's what we're talking about. And that's you know to the court there's a very clear differentiation between that and alimony. Alimony and maintenance is essentially a temporary type of award where if one spouse either during the divorce proceeding or for a short time after the divorce proceeding does not have the means to support themselves then the court may order the other spouse to make periodic payments to help support that spouse for a period of time until that spouse can become self-supporting. And that's what we're talking about when we talk about alimony and maintenance. So you know it's very clear. There's very clear line between what those two things are. And when we when the fund gets a quadro it's very clear whether it's dividing marital property or whether it's alimony or maintenance. So just so I understand it better. If we have a member who gets divorced while currently active on the police or fire department and during the course of the divorce a judge says as part of the split of assets the member gets to keep 50 percent of his future pension rights and the divorcing spouse gets to receive 50 percent of the of the pension rights. That's considered a split in assets even though it's a future benefit because the person hasn't retired. Correct. Then we'd also have the potential of a retired member divorcing. So they're already receiving pension pension benefits. Would that still be considered. And let's say the judge goes 50 percent of the current retirement income is considered a marital asset to the retiree and 50 percent of the marital income or excuse me retirement income is considered a marital asset for the divorcing spouse. That would be considered also a division of assets rather than an assignment of maintenance. Correct. So. So if dividing divorcing parties agree that there is supposed to be a split of either future or current retirement income the appropriate method for doing that is for them to agree it's a marital asset and have it split as a marital asset rather than trying to assign it as maintenance. Generally yes that's how it's going to that's how then and that's why as I've said it's pretty rare that the alimony issue comes up with respect to the fund because that's most common I appreciate that question. Layman's terms are always good. And then did I understand that. So the alimony can be temporary. Is it usually temporary. Well I'm not a divorce attorney. OK. But my understanding is that generally the idea is that maintenance is not going to be indefinite. OK that it's temporary it's for a limited duration. OK. What other questions do board members have. Any. No Larry. Miss Mayor frankly I would be probably a bit more comfortable if we could have Mr. Richie come back to the subcommittee so we can kind of dig into this a little bit deeper because I know on my side I've still got a bunch of questions. OK I want to sit here all morning. That would be those benefits. So yeah the organizational subcommittee organizational. OK what. And this request for this opinion came out of that committee anyway. OK. Oh OK. Are you local. Yes I'm in Beaumont. Not far. I'd be happy to do that. OK. Do you want to just make a motion to send it back to committee please. Yes ma'am I would like to make a motion to send this back to the committee. OK. Do I hear a second. All right. Thank you. Discussion of the motion. All those in favor please say aye. Anyone opposed. All right. Thank you very much. Thank you. That motion passes so that will go back to committee. And. Next our disbursements for October. Disbursements are listed on the agenda. I need a motion to approve. Right we have a motion and a second. Are there questions or comments. Seeing none all those in favor please say aye. Is anyone opposed. All right. That passes service retirements officer Howard Florence division of police service retirement effective October 15th twenty nineteen officer Marvin Washington division of police service retirement effective October 19th twenty nineteen I need a motion please. So moved second. All right. Is there discussion of the motion. All right. Seeing none. All those in favor say aye. Anyone opposed. All right. That motion passes disabilities. Eric Campbell division of fire application for total and permanent occupational disability. I need a motion to send to appropriate doctors. OK we have a motion and a second. Are there questions or comments. All those in favor please say aye. Anyone opposed. Motion passes Anthony Bauman division of police medical reports completed and distributed. I need a motion. Moved to approve setting at the appropriate rate. OK we have a motion and a second. Is there discussion. All those in favor please say aye. Anyone opposed. OK that motion passes. Daryl Jones division of police third medical report has been completed and distributed. I need a motion. I hear a motion. Moved to approve setting at the appropriate rate. Right. Do I hear a second. OK that. Are there any questions or discussion on that motion. Seeing none. All those in favor please say aye. Anyone opposed. OK we have one abstention. That motion passes. Tributes. Susan Bogey wife of Jerry Bogey division of fire passed away on September 24th 2019. And firefighter Robert Arthur division of fire passed away on September 30th 2019. All right. Do I hear any comments or. Tributes. Mayor did not have the pleasure of knowing Mrs. Bogey but I did know her husband. And on behalf of this board and the urban county government I'd like to express our condolences to that family. I did know Robert Arthur even though he was on a different platoon than I was. Was well thought of through the department. Was known as a great firefighter a great guy to have it on your truck. And again I'd like to express our condolences to his family. Thank you. Are there other comments. I will just simply say. I also didn't know Mrs. Bogey but I noticed they were married 62 years. That's pretty awesome isn't it. And. Supporting her. Firefighter all those years. And Mr. Arthur I just so appreciate the folks who serve our community and those who support those servings. We add those tributes to the minutes. Now let's move on to subcommittee updates. The continuation of benefits subcommittee and the legislative subcommittee. We are setting meeting dates for those currently. Tommy's not here today so I that's the quick update on that. Larry Kennard has the organizational subcommittee any updates. Now if you could send me out some dates Susan so we can set that place. Very good. Is there any informational matters. Mayor. Yes. I guess this is a reflection of my age. But I know all three of the people who are retiring today. Howard Florence. Is a very unique individual he has a great sense of humor work the downtown bike area for a very long time and just brought a great attitude to everything he did working especially with some of the disadvantaged population that frequents the downtown area. And so I know he loves traveling and I wish him the best in his future endeavors. Had the pleasure of working with Marvin Washington for almost a year. And the thing I remember most about him is he came to work every day smiling. And most importantly he epitomized what I think Chief Weathers and his command staff want in a police officer. He knew every single person in his beat. Everyone at the stores would always ask I was offered to march. Officer Washington working today. You know I haven't seen him come in today. No he's off today. So he made those community connections and he understood community policing. And then Tony Bowman also had the opportunity of working with him as well. And again one of those people that never came in never complained. You know unfortunately sometimes people have gripes. Tony never had one. Always went out and did his job well. Never got complained on. Just a very calming force out there on the street. And I'm sorry your time got short. I wish you well. They're great comments. Are there any other comments. I'd like to follow up on that because I came on with Tony and Marvin. We were in the same class together. So I hate to see them both leave. But I absolutely wish you all the best. Like I said I've known them for a long time. And then Howard I used to frequently see him at Tally Ho in the mornings for breakfast. Wish him the best. Very good. Other comments. I just want to add to all these. All three of these gentlemen were officers that other officers tried to emulate. I know Howard being downtown all these years when other people are assigned to downtown. It was I want to do it the way Howard does it. For Marvin he was a field training officer for many, many years. And he trained many of our officers. And he was our go to person. And for Tony he was what a patrol officer should be. He was what a police officer should be. For all three of them. You know it was hard for me because two of them are moving on to other jobs. And I had to give the recommendation so they could go on. So that was that was hard. But I just want to thank all of them for their service and leading the way. Thank you. Thank you. Are there any other comments. Mayor I'd like to note the absence of Tommy Puckett. He doesn't often miss a pension board meeting. Apparently he's trying to grow as many kidney stones as he had years of service on the police department. And that's a pretty good number. So wish him the best. Thank you. I also would like to add my appreciation. Tony to you and to Officer Florence and Officer Washington I actually. Just in this first 10 months of my service as mayor have had lots of interaction with Officer Florence and. You know I think for us lay people it's always so important to realize you're the people who go toward the danger when the rest of us are going away. And I so appreciate your service. You Tony and to Officer Florence and Officer Washington. The city can't do without you. So thank you very much. Is there anything else for the good of the whole. All right. Thank you. All those in favor say aye. All right. We are adjourned. Thank you very much.