A Review of the Mississippi Government Employees Deferred ... · Background MISS. CODE ANN. Section...

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May 10, 2000 #405 Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) Report to the Mississippi Legislature A Review of the Mississippi Government Employees’ Deferred Compensation Plan and Trust The Mississippi Government Employees’ Deferred Compensation Plan is a supplemental savings plan administered by the Public Employees’ Retirement System (PERS) Board of Trustees. Participants in the Deferred Compensation Plan may elect to invest in any of ten funds. The PERS Board is responsible for fund selection and contracts for administrative, marketing, and recordkeeping services. A participant’s current income taxes are reduced because the participant defers part of his or her salary and does not pay federal and state income taxes on those contributions until withdrawal of the funds. Interest and savings on contributions are also tax deferred until withdrawal. PERS has administered the plan in compliance with applicable state and federal laws and the level of administrative services and the fees charged by the contractor are appropriate and customary for the industry. However, the plan’s offering of investment funds contains several funds of the same or similar asset classification. The offering lacks a small capitalization domestic equity fund for the more aggressive investor and should add several asset allocation funds for the less sophisticated investor.

Transcript of A Review of the Mississippi Government Employees Deferred ... · Background MISS. CODE ANN. Section...

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May 10, 2000

#405

Joint Legislative Committee on PerformanceEvaluation and Expenditure Review (PEER)

Report tothe Mississippi Legislature

A Review of the Mississippi GovernmentEmployees’ Deferred Compensation Planand Trust

The Mississippi Government Employees’ Deferred Compensation Plan is asupplemental savings plan administered by the Public Employees’ Retirement System(PERS) Board of Trustees. Participants in the Deferred Compensation Plan may elect toinvest in any of ten funds. The PERS Board is responsible for fund selection andcontracts for administrative, marketing, and recordkeeping services. A participant’scurrent income taxes are reduced because the participant defers part of his or her salaryand does not pay federal and state income taxes on those contributions until withdrawalof the funds. Interest and savings on contributions are also tax deferred untilwithdrawal.

PERS has administered the plan in compliance with applicable state and federallaws and the level of administrative services and the fees charged by the contractor areappropriate and customary for the industry. However, the plan’s offering of investmentfunds contains several funds of the same or similar asset classification. The offeringlacks a small capitalization domestic equity fund for the more aggressive investor andshould add several asset allocation funds for the less sophisticated investor.

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May 10, 2000

PEER: The Mississippi Legislature’s Oversight Agency

The Mississippi Legislature created the Joint Legislative Committee onPerformance Evaluation and Expenditure Review (PEER Committee) by statute in1973. A standing joint committee, the PEER Committee is composed of fivemembers of the House of Representatives appointed by the Speaker and fivemembers of the Senate appointed by the Lieutenant Governor. Appointments aremade for four-year terms with one Senator and one Representative appointedfrom each of the U. S. Congressional Districts. Committee officers are elected bythe membership with officers alternating annually between the two houses. AllCommittee actions by statute require a majority vote of three Representativesand three Senators voting in the affirmative.

Mississippi’s constitution gives the Legislature broad power to conductexaminations and investigations. PEER is authorized by law to review any publicentity, including contractors supported in whole or in part by public funds, andto address any issues, which may require legislative action. PEER has statutoryaccess to all state and local records and has subpoena power to compeltestimony or the production of documents.

PEER provides a variety of services to the Legislature, including programevaluations, economy and efficiency reviews, financial audits, limited scopeevaluations, fiscal notes, special investigations, briefings to individual legislators,testimony, and other governmental research and assistance. The Committeeidentifies inefficiency or ineffectiveness or a failure to accomplish legislativeobjectives, and makes recommendations for redefinition, redirection,redistribution and/or restructuring of Mississippi government. As directed byand subject to the prior approval of the PEER Committee, the Committee’sprofessional staff executes audit and evaluation projects obtaining informationand developing options for consideration by the Committee. The PEERCommittee releases reports to the Legislature, Governor, Lieutenant Governor,and the agency examined.

The Committee assigns top priority to written requests from individuallegislators and legislative committees. The Committee also considers PEER staffproposals and written requests from state officials and others.

PEER CommitteePost Office Box 1204Jackson, MS 39215-1204

(Tel.) 601-359-1226(Fax) 601-359-1420(E-mail) http://www.peer.state.ms.us

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PEER Report #405 i

The Mississippi Legislature

Joint Committee on Performance Evaluation and Expenditure Review

PEER Committee

SENATORSWILLIAM CANON

ChairmanHOB BRYAN

BOB M. DEARINGWILLIAM G. (BILLY) HEWES III

JOHNNIE E. WALLS, JR.

TELEPHONE:(601) 359-1226

FAX:(601) 359-1420

Post Office Box 1204Jackson, Mississippi 39215-1204

Max K. Arinder, Ph. D.Executive Director

REPRESENTATIVESHERB FRIERSON

Vice-ChairmanMARY ANN STEVENS

SecretaryWILLIAM E. (BILLY) BOWLES

ALYCE G. CLARKETOMMY HORNE

OFFICES:Professional Building

222 North President StreetJackson, Mississippi 39201

May 10, 2000

Honorable Ronnie Musgrove, GovernorHonorable Amy Tuck, Lieutenant GovernorHonorable Tim Ford, Speaker of the HouseMembers of the Mississippi State Legislature

On May 10, 2000, the PEER Committee authorized release of the report entitled AReview of the Mississippi Government Employees’ Deferred Compensation Planand Trust.

Senator William Canon, Chairman

This report does not recommend increased funding or additional staff.

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PEER Report #405 iii

Table of Contents

Letters of Transmittal ................................................................................................................................. i

Executive Summary ................................................................................................................................ v

Introduction ................................................................................................................................1

Compliance ................................................................................................................................2

Administrative Services..............................................................................................................................6

Investments ................................................................................................................................7

Agency Response ............................................................................................................................. 21

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PEER Report #405 v

A Review of the Mississippi GovernmentEmployees’ Deferred Compensation Planand Trust

Executive Summary

Background

MISS. CODE ANN. Section 25-11-101 authorizes the PEER Committeeto “have performed random actuarial evaluations, as necessary, ofthe funds and expenses of the Public Employees’ Retirement Systemand to make annual reports to the Legislature on the financialsoundness of the system.”

Deferred Compensation is a supplemental savings planadministered by the Public Employees’ Retirement System (PERS)Board of Trustees. Any employee, elected official, or independentcontractor of the State of Mississippi or one of its politicalsubdivisions is eligible to participate in Deferred Compensation. Aparticipant’s current income taxes are reduced because theparticipant defers part of his or her salary and does not pay federaland state income taxes on those contributions until withdrawal ofthe funds. Interest and savings on the contributions are also taxdeferred until withdrawal.

Participants in the Deferred Compensation Plan may elect to investin any of ten funds. The PERS Board is responsible for fundselection and has contracted with Systematized BenefitsAdministrators, Inc., to provide administrative, marketing, andrecordkeeping services.

The PEER Committee contracted with Bryan, Pendleton, Swats andMcAllister, Actuaries and Consultants, to review the MississippiGovernment Employees’ Deferred Compensation Plan and Trust.Bryan, Pendleton made the following conclusions.

PERS Has Administered the Deferred Compensation Plan inCompliance with Applicable State and Federal Laws

Although PERS has administered the plan in accordance with stateand federal laws, drafting errors and omissions in the plandocument should be addressed. Also, PERS should take more carein communicating the salary deferral limitations to employees, sincethese limitations take into account amounts deferred under otherplans to which state employees may have access.

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PEER Report #405 vi

The Level of Administrative Services and the Fees Charged by theContractor are Appropriate and Customary for the Industry

Major enhancements in plan administration over the last severalyears include:

• Funds and participant accounts are valued on a daily basis,which allows employees to move money between funds withlittle restrictions as to timing.

• Participants may use a toll-free telephone number to checkaccount values, change allocation of contributions, and movemoney among funds.

• Participants may access their accounts through a website.

The Plan’s Investment Fund Offering Contains Redundancy ofSome Types of Funds and Lacks Other Types of Funds

The plan’s offering of ten investment funds contains several fundsof the same or similar asset classification. The offering lacks asmall capitalization domestic equity fund for the more aggressiveinvestor and should add several asset allocation funds for the lesssophisticated investor.

For More Information or Clarification, Contact:

PEER CommitteeP.O. Box 1204

Jackson, MS 39215-1204(601) 359-1226

http://www.peer.state.ms.us

Senator Bill Canon, ChairmanColumbus, MS 662-328-3018

Representative Herb Frierson, Vice ChairmanPoplarville, MS 601-975-6285

Representative Mary Ann Stevens, SecretaryWest, MS 662-967-2473

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PEER Report #405 25

PEER Committee Staff

Max Arinder, Executive DirectorJames Barber, Deputy DirectorTed Booth, General Counsel

Evaluation Editing and RecordsSam Dawkins, Division Manager Ava Welborn, Editor and Records CoordinatorLinda Triplett, Division Manager Tracy BoboPamela O. Carter Sandra HallerKim CumminsKimberly Haacke AdministrationBarbara Hamilton Mary McNeill, Accounting and Office ManagerJoyce McCants Pat LuckettDavid Pray Jean SpellLee Anne Robinson Gale TaylorKatherine StarkLaShonda Stewart Data ProcessingLynn Watkins Larry Landrum, Systems AnalystTanya WebberLarry Whiting Corrections AuditJulie Winkeljohn Louwill Davis, Corrections Auditor