Arkansas Administrative Code
Agency 137 - Arkansas Fire and Police Pension Review Board
Rule 137.00.04-002 - Board Rule #2 - Procedure for Benefit Increases
Current through Register Vol. 49, No. 2, February 2024
PROCEDURE FOR INCREASING BENEFITS FROM LOCAL PENSION FUNDS
There are two methods by which a local pension fund may increase benefits to its members. The first is by legislation which mandates an increase. The second is by securing an actuarial valuation which demonstrates that a pension fund can support the cost of the increased benefit over a defined period of years.
Police and fire pension funds are required by law to process all benefit increase requests through the Pension Review Board.
If a local Board of Trustees wishes to process a benefit increase through the Pension Review Board, the following procedure must be used:
1. The local Board of Trustees must adopt a resolution to raise benefits to the new amount. The resolution must be signed by ¾'s of the membership of the Board (at least 6 of 7 members must sign.)
A certified copy of the minutes of the Board meeting at which the resolution was adopted must accompany the resolution. The minutes must reflect who voted for the benefit increase resolution and who voted against it. The certification shall be by the Board's director.
2. The resolution must state how much the increase would be and to whom it would apply - current retirants only; future retirants only; current and future retirants; current surviving spouses and/or children; future surviving spouses and/or children; current and future surviving spouses (Police pension funds may include dependent parents.)
3. The completed resolution should be mailed to:
Arkansas Fire and Police Pension Review Board
P.O. Box 34164
Little Rock, AR 72203
4. A determination will be made by the Review Board staff that, based on all available financial information on the fund, the benefit increase request should be processed. The pension fund will be sent a bill for the actuarial valuation and the pension fund should return a check promptly for that amount to the above address. No actuarial work will be processed until payment is received.
5. Once the check and any additional information on the fund has been received, it will be submitted to the actuary.
6. When the valuation results are received, the Executive Director shall certify to the local Board whether or not the increased benefit can be given. If denied, the local Board may appeal the findings of the staff to the Pension Review Board, upon a written request to do so. Benefit increases, which are approved, must also be accepted by the Review Board.
The Executive Director may make benefit increases retroactive to the date of the local Board resolution requesting the increase, or to a later date, depending on the circumstances of the increase.
7. When an increase in granted, a copy of the resolution, the actuarial valuation, and the Executive Director's certification must be filed by the local Board of Trustees with the circuit and city clerks of the county and city in which the pension fund is located.
Certified By: ______________________________
David B. Clark, Interim Executive Director
DEFINITION OF "ACTUARIAL SOUNDNESS"
Under law, the financial objectives of the local pension plans shall be to establish and receive contributions which will remain approximately level from year to year and will not have to be increased for future generations of citizens. The law specifies that this objective is achieved when contributions received each year by a pension fund are sufficient both, (1) to fully cover the costs of benefit commitments being made to employees for their service being rendered in such year and, (2) to make a level payment which, if paid annually over a reasonable period of future years, will fully cover the unfunded costs of benefit commitments for service previously rendered.
1. The financial objectives discussed above must be met in order for a fund to be considered "actuarially sound."
2. All computations of actuarial condition shall be based upon assumptions of future financial experiences and funding methods which are either established by or approved by the Pension Review Board.
3. From the date of the adoption of this Board rule, the tests described below shall be used to evaluate benefit increase requests from the local funds and to determine if pension recipients are eligible for benefits mandated by law for pension funds which are "actuarially sound."
A fire or police pension fund that is designated as "actuarially sound" must meet one of the following conditions:
1. The Contribution Test and the Short Condition Test; or
2. The Contribution Test and the Funded Percentage Test; or
3. Cash Flow Projection Valuation
4. Alternate Cash Flow Projection Valuation
Contribution Test
The contributions made to the Fund must be equal to or more than the actuarially computed contributions to pay for the Fund's proposed total benefits. Such computed contributions shall consist of the following items:
1. Normal Cost; and
2. An amortization of unfunded accrued liabilities over a period of future years, which period is defined in the table below.
Short Condition Test
The Pension Fund's current assets (cash and investments) must be sufficient to cover:
1. Active member contributions on deposit; and
2. The proposed total liabilities for future benefits to present retired lives and inactive members; and
3. A portion of the proposed total liabilities for service already rendered by active members. The portion is defined in the table below.
Funded Percentage Test
The Pension Fund's current assets (cash and investments) must be sufficient to cover a portion of the proposed total liabilities of all participants of the Pension Fund. The portion is defined in the table below.
|
Testing Dates as of December 31 |
Amortization of Unfunded Active Liabilities |
Amortization of Unfunded Retiree Liabilities |
Active Liability-Short Condition Test |
Funded Percentage Test |
|
1994 |
18 |
9 |
55% |
82% |
|
1995 |
16 |
8 |
60% |
84% |
|
1996 |
14 |
7 |
65% |
86% |
|
1997 |
12 |
6 |
70% |
88% |
|
1998 |
10 |
5 |
75% |
90% |
|
1999 |
9 |
5 |
80% |
92% |
|
2000 |
8 |
5 |
85% |
94% |
|
2001 |
7 |
5 |
90% |
95% |
|
2002 |
6 |
5 |
95% |
96% |
|
2003 & after |
5 |
5 |
100% |
97% |
Cash Flow Projection Valuation
If the pension fund has 50 or more participants, the Fund may show "actuarial soundness" using a Cash Flow Projection Valuation. This valuation will project the assets, future income, and future benefit obligations of the pension fund. The assumptions used in this valuation shall be based upon the same assumptions used by the Pension Review Board for regularly scheduled valuations. The Cash Flow Valuation must show that the current assets projected with future income will always be sufficient to cover all benefit obligations. A Cash Flow Valuation is not required to be done on a regular basis, but will only by completed when requested by the Fund and at the expense of the pension fund
If, however, a pension plan has received money from the Arkansas Fire and Police Guarantee Fund, that pension fund may not have a cash flow study performed for the purpose of granting a benefit increase for a two-year period following receipt of the Guarantee Fund money.
Alternate Cash Flow Projection Valuation
If a pension fund has less than 50 participants, the Fund may show "Actuarial Soundness" using an Alternate Cash Flow Projection Valuation as defined in this paragraph. This valuation will project the assets, future income and future benefit obligations of the pension fund. The assumptions used for an Alternate Cash Flow Projection Valuation will not necessarily be the same assumptions used by the Pension Review Board for regularly scheduled valuations, because of the small number of fund participants. The Alternate Cash Flow Projection Valuation must show that the current assets projected with future income will always be sufficient to cover all benefit obligations. An Alternate Cash Flow Projection Valuation is not required to be done on a regular basis, but will be completed when requested by the Fund and at the expense of the pension fund.
For a pension fund to be able to use the Alternate Cash Flow Projection Valuation, it must also meet the following conditions:
1. The fund uses a PRB Recognized Investment Management and Trust Arrangement.
2. The local pension board, as well as the local city council, must certify to the PRB that they understand the risks involved in using a cash flow model for a small group, and that they assume responsibility for any future funding shortfall risk that might occur as a result of the utilization of the Alternate Cash Flow Projection Valuation.
An investment management and trust arrangement will be a Recognized Investment Management and Trust Arrangement by the PRB if it contains the following independent and separately accountable components:
1. Investment Advisory and Reporting, including, but not limited to
2. Investment Management, including, but not limited to
3. Trust, Custodial and Administrative Services, including, but not limited to
Certified By: _______________________________
David B. Clark, Interim Executive Director
