Media Items

Alton Firefighters Settlement May Have Statewide Implications


Edwardsville, IL – Judge Dan Stack today signed an order approving the settlement agreement reached by the City of Alton and its firefighters. The order enforces the settlement reached by Alton and the trustees for its firefighters, which requires the city to follow guidelines set forth by state law. This court-ordered settlement agreement sets a precedent that sends a message to other municipalities concerning their public safety employees. That message is to pay now or pay more later when it comes to pension funding. The order enforces the settlement reached by Alton and its firefighters that requires the city to follow guidelines set forth by state law. A losing court battle may be the alternative.

Alton Firefighters Pension Fund and its trustees reached the agreement with the city last month after withdrawing a motion to dismiss the suit. The city eventually agreed to most issues in dispute between the parties.

Illinois law requires that annual contributions to a municipal pension fund be based on the recommendations of an impartial actuary from the Illinois Department of Financial and Professional Regulations of the state’s Department of Insurance, or an independent actuary chosen by the City and/or the Pension Trustees.

At the time of the settlement, Dan Tobben, attorney for the firefighters called the victory “significant for the municipal employees in the entire state of Illinois.”

The court order may represent the beginning of the end of discretionary funding for municipalities employees’ pension plans. It eliminates the city’s ability to determine its contribution to those pensions based on city budget constraints and requires the city to base its contributions on the state’s Pension Code, according to Tobben. “This removes an illusory sense of discretion that some cities thought they had.”

Several municipalities in the Metro East region of the St. Louis Metropolitan area could be considered troubled in that they are less than 60 percent funded by their respective city government. Anything below 80 percent is unacceptable and requires action, however a plan under 60 percent funding is truly in trouble and requires immediate and drastic action, according to Tobben.

About Danna McKitrick: Located in Clayton, Missouri, Danna McKitrick, P.C. delivers outstanding legal representation to businesses (emerging to national), insurers, government-related entities, and individuals throughout the Midwest. The firm is on the Web at www.dannamckitrick.com.

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Media Contacts:
Jim Grandone, Public Relations
618.692.1892

Dan Tobben, Principal
314.726.1000

Alton Firefighters Win Battle for Pension Funding


“This is a significant victory, not only for Alton firefighters, but for the municipal employees in the entire state of Illinois,” says AFPF’s attorney, Daniel Tobben. “Many municipalities heretofore have skirted the law by underfunding the pensions of their fire fighters, police and other employees by contributing only what the City said it could afford…”

Read more… International Association of Fire Fighters
Published: May 12, 2008

Alton Firefighters, City Reach Deal


Tobben called the agreement “a significant victory, not only for Alton firefighters, but for the municipal employees in the entire state of Illinois. Many municipalities heretofore have skirted the law by underfunding the pensions of their firefighters, police and other employees by contributing only what the city said it could afford, rather than the amount calculated by the actuaries, in accordance with applicable statues. This order and judgment should alert cities that the days of discretionary pension funding are over.”

Read more… The (Alton) Telegraph (PDF)
Published: May 6, 2008

Alton Firefighters Win Battle For Pension Funding


Alton, IL – The Alton Firefighters Pension Fund and its Trustees reached a settlement with the City of Alton in its case to get full funding of the firefighters’ pension plan. The settlement agreement, which will be entered by the Circuit Court as an Order and Judgment, requires the City of Alton and its City Council to comply with state law and properly fund the pension. The Pension Law in Illinois (40ILCS section 4-118) requires that annual contributions to a municipal pension fund be based on the recommendations of an impartial actuary from the Illinois Department of Financial and Professional Regulations of the state’s Department of Insurance, or an independent actuary chosen by the City and/or the Pension Trustees.

According to a report made to the Alton City Council last year by AFPF’s attorney, Daniel Tobben, “the City of Alton has underfunded contributions to the firefighters pension fund for many years, and certainly since 2000. The level of the contributions by the city and its firefighters is required by state law to be actuarially reviewed annually to determine the levels of contributions by the city in order to keep the pension fund solvent and meet the future obligations to retirees. The contribution is calculated by a state-employed actuary and also by an independent actuary.” Now Alton must levy taxes or set its budget in order to generate money to support the pension fund in accordance with state statute, Tobben stated.

“This is a significant victory, not only for Alton firefighters, but for the municipal employees in the entire state of Illinois,” Tobben said of the settlement. “Many municipalities heretofore have skirted the law by underfunding the pensions of their firefighters, police and other employees by contributing only what the City said it could afford, rather than the amount calculated by the actuaries, in accordance with applicable statutes. This order and judgment should alert cities that the days of discretionary pension funding are over.”

Tobben is a partner with the Clayton-Mo.-based law firm Danna McKtirick, P.C.

About Danna McKitrick: Located in Clayton, Missouri, Danna McKitrick, P.C. delivers outstanding legal representation to businesses (emerging to national), insurers, government-related entities, and individuals throughout the Midwest. The firm is on the Web at www.dannamckitrick.com.

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Media Contacts:
Jim Grandone, Public Relations
618.692.1892

Dan Tobben, Principal
314.726.1000

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Pension Flaws Could Lead to Lawsuit


Joplin city officials are trying to fix what they’re calling a “major problem” in order to avoid a lawsuit. … City leaders admit their police and fire pension plan is flawed, and now they’re trying to come up with a solution to the problem.

Read more… FourStatesHomepage.com and KSN-TV (video)
Published: March 20, 2008

Local Pension Board OKs Advisory Vote


Tobben, the board’s attorney, advised trustees that they should not accept anything other than an agreement for funding at actuarial levels. He compared the fund to a debt, with the city’s contributions like installment payments on the debt. The board is willing to allow the city a couple of years to catch up current arrearages, he said, “but you have to go to pure actuarial funding or the debt won’t be paid off.”

Read more… The Joplin Globe
Published: March 19, 2008

Joplin Police & Firefighters’ Pension Returns Impressive


Joplin, MO – The Joplin Police & Firemen’s Pension Board’s investments showed impressive gains for the year, according to a new report from their investment consulting firm. For the year 2007, the plan returned 8.9 percent with a slowdown in the last month due to overall economic conditions. The plan outperformed the S&P 500 index and showed significant gains in international stocks, according to the most recent report.

Last November, trustees received similar good news from another report that showed the investments placed in the top 6 percent for one year, and in the top 10 percent of investments over the past three years, according to Joplin Police & Fire Pension Fund Trustee Tom Robertson.

Robertson attributes the higher returns on the pension fund investments to investment education.“We attended numerous educational seminars and learned a lot about diversifying our investments to increase returns for our members’ investments. We even hired a new fund manager. It looks like the new strategy is working.”

For example, for all of 2007, the Joplin Fire & Police Pension Plan returned 8.9 percent driven by a 13 percent gain for international stocks, a 9.9 percent return on fixed income, and a 6.8 percent return on domestic stocks.

Robertson said he believes that the positive performance shows that the trustees have been good stewards of the fund.

“We were able to increase returns and maximize every dollar contributed into the fund either by our members or the city. It’s our fiduciary responsibility as trustees to watch over the fund and ensure that members see a good return with minimal risk to their future,” Robertson said. He noted that, as of December, the fund had a market value of $24 million.

Despite the positive news about returns on investments, Bob Davidson, a firefighter and pension trustee, said he is concerned about the amount of contributions to the pension fund that should be received from the City.

“The bottom line is that the responsible thing to do would be for the city to meet its obligations to the pension fund of employees who are in potential danger every day.”

He noted that in total dollars invested, the fund could have had better returns if the city had properly funded the pension at the level required by law.“Right now we’re waiting for the city’s recommendations on how they plan to comply with the law,” Davidson said. “It is time for the discussions to stop and for the city to agree to proper, actuarial funding.”

Joplin is now and since 2000 has been, less than 60 percent funded, according to actuarial reports. Prior to 2000, the plan was funded between 65 and 73 percent.

The amount of the city’s contribution, which is determined by an independent actuarial, is based upon the anticipated needs of the fund to pay for retirement and other benefits for its members and widows and children of workers killed on the job.

Charla Geller, a police representative on Joplin Police & Fire Pension the Fund, is less concerned about how the city funds the plan than whether the plan is funded at the actuarially recommended amount.

“If the City of Joplin commits to fund the plan in compliance with the law, at the actuarially recommended levels in the next couple of years and in guarantees it will follow the law in the future, I believe we as trustees are fulfilling our fiduciary responsibility to the plan and its participants,” she said.

“I’m not as concerned about how the city of Joplin plans to fund this plan as I am that the funding is there in the future for our police and firefighters and their dependents,” Geller said.

Underfunding public pension contributions in general has been the subject of a debate statewide. The State of Missouri recently passed a law directed at public pension plans like Joplin’s that are less than 60 percent funded and are considered “troubled.” Locally, the Fire & Police Pension Fund has been discussed at recent Joplin trustee meetings. Pension trustees hired attorney Dan Tobben, with the Clayton, Mo. law firm Danna McKitrick, to report on steps trustees should consider to address the city’s declining pension contributions.

In September 2007, Joplin’s mayor, Jon Tupper formed a committee to look into possible solutions to the underfunding of public pension funds by the city and make recommendations. That committee’s final report is being reviewed by city officials, trustees and by the police and firefighters.

“We are not asking for more of anything. We are in a precarious position with regard to pensions and I want to know how the city plans to pay what it owes the fund,” said Robertson.

Police and firefighters have a greater stake in their pension plans than other workers because they do not receive Social Security benefits when they retire, unless they’ve become vested through another job, according to Robertson.

About Danna McKitrick: Located in Clayton, Missouri, Danna McKitrick, P.C. delivers outstanding legal representation to businesses (emerging to national), insurers, government-related entities, and individuals throughout the Midwest.

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Media Contacts:
Jim Grandone, Public Relations
618.692.1892

Dan Tobben, Principal
314.726.1000

Joplin Takes Steps to Correct Pension Shortfall


The city is trying to avert the potential of a lawsuit over underfunding, which Dan Tobben of St. Louis, an attorney for the board, has said could be brought for at least $2 million of the plan’s $16 million shortfall… Tobben told those at the meeting that the proposal that was advanced is a start toward making the plan solvent.

Read more… The Joplin Globe, KOAM-TV, and KSN-TV (video)
Published: February 20, 2008

Pension Problems


A group consisting of police, city, fire officials and financial experts made up a plan to fix the problem… Board members say they know the city is making an effort, but they say the Plan doesn’t fix the problem for future police and fire crews.

Read more … FourStatesHomepage.com and KSN-TV (video)
Published: February 19, 2008

Pension Board Frustrated by Lack of Specifics to Address Underfunding


“From my perspective, this isn’t a very good-faith effort,” Tobben advised the board. “If you want to give them 30 more days, I’m fine with that, but if you want to sue, I’m fine with that too.” Tobben asked whether the options included budgeting any proceeds of a sales-tax settlement from cellular telephone companies toward the underfunding.

Read more… The Joplin Globe
Published: January 17, 2008