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6.1.C. - Page 44 <br />(3) Establish IRS Section 115 non -revocable trusts. <br />The Cities can also put reserves that are set aside for pension costs into non -revocable trusts <br />under Section 115 of the Internal Revenue Code. Contributions to Section 115 trusts are <br />voluntary and can be made as city budgets allow. Funds in such trusts can only be used to pay <br />pension costs. 143 As with ordinary reserves, the Cities can use funds in Section 115 trusts to <br />manage or smooth payments to Ca1PERS, consistent with their budgetary needs. 144 The non - <br />revocable feature assures employees, retirees and taxpayers that the funds will be used for <br />pension costs. Another advantage of Section 115 trusts is that they offer different investment <br />choices and risk profiles 145 which can yield higher rates of Return on Investments than the rates <br />available to the Cities for their general fund reserves. 146 Payments into a reserve do not reduce <br />the Amortization Costs charged by Ca1PERS. <br />In January 2018 Redwood City deposited $10.5 million into a Section 115 trust,147 representing <br />approximately 7 months of its annual pension costs of $17.7 million in FY 2016-2017.148 <br />Redwood City's finance group has recommended that the City deposit $1.1 million per year from <br />general fund reserves into the Section 115 trust over the 5 -year period from and including FY <br />2018-2019 through FY 2022-2023.149 This $1.1 million per year would represent slightly less <br />than 50 percent of the estimated $2.5 million per year increase in pension costs that Redwood <br />City is likely to experience. 150 In FY 2016-2017, the Redwood City Council adopted a general <br />fund reserve policy, where the unreserved portion of the general fund's balance would be 15 <br />percent of anticipated general fund revenues. Any excess balance above a 15 percent reserve <br />threshold would be utilized to fund a Section 115 Trust Account to help pay pension expenses."' <br />In October 2017 Burlingame contributed $3.7 million into a Section 115 trust for the purpose of <br />paying pension obligations and, approximately six months later, an additional $1 million. 152 The <br />143 Ca1PERS, Finance and Administration Committee, Proposed California Employers' Pension Prefunding Trust <br />(CEPPT) Legislation, February 17, 2016, pp. 1-2, 4, <httos://www.calners.ca.2ov/docs/board- <br />agendas/201602/financeadmin/item-6a-00.ndf>. <br />144 mid. <br />145 mid. <br />146 The City of Menlo Park notes that, if it moves funds in its Strategic Pension Funding reserve into a Section 115 <br />trust, it would expect to earn returns on those assets of approximately 4 percent per year, as compared to the <br />approximately 1 percent per year it earns on general fund reserves to due restrictions imposed on available <br />investments for general fund reserves. City of Menlo Park, Adopted Budget, Fiscal Year 2017-18, p. 48. <br />141 Redwood City Report — FY 2017-18 Mid -Year Budget Study Session, p. 10. City of Redwood City, Fiscal Year <br />2 01 7-2018Adopted Budget, Budget Message, pp. 13 and 28, <httn://webanns.redwoodcitv.org/files/finance/main/1.- <br />Redwood-City-CA-Adonted-FY-17-18-Budget-.ndf>. <br />14s Appendix A. <br />149 City of Redwood City, Fiscal Year 2018-2019 Recommended Budget, p. 174, <br /><htto://www.redwoodcitv.or2/home/showdocument?id= 1 5124>. <br />Iso Table No. 7. 1, above shows that Redwood City's pension costs (Miscellaneous and Safety plans) are projected to <br />increase by $20.1 million between FY 2016-17 and FY 2024-25. $20.1 million / 8 years = $2.5 million in increases <br />per year. <br />151 City of Redwood City, 2017 CAFR, p. v of Letter of Transmittal. <br />152 Letter from City of Burlingame to Grand Jury, dated June 7, 2018. Augustine, Carol, Staff Report to Burlingame <br />City Council, March 14, 2018, pp. 11 and 12. <br />2017-2018 San Mateo County Civil Grand Jury 30 <br />