06-12-2000¦
Agenda/Pension
6-12-00
090?
ACTION AGENDA
Board of Trustees of the Employees' Pension Fund
June 12, 2000
1. Call to Order - 1:12 p.m.
2. Approval of Minutes: 6/1 /00 - Approved as submitted.
3. Request for acceptance into membership: Craig Jennings, Vince Kirkland, Kurt Kraus,
Michael Head, Earlwin Lewis, Kevin Boaden, James Brent Bronson, Kip Thompson,
Rick Wendling, Shawne Palcisko, William Muniz, Patricia Hillman, Harold Gahles,
Norma Templeton, Mary Farrand, & Alysha Roberts - Approved.
4. Regular Pension(s) to be granted: Thomas Hackett - Approved.
5. Pension(s) to be vested: Stephen Bingham - Approved.
6. Approve reassignment of Catherine Slack to permanent light duty position in Police
Department - Approved.
7. Discussion - Krieger v. City - No appeal of decision by the Court in the case Krieger
vs. the City of Clearwater Pension Plan.
8. Other Business - None.
9. Adjourn - 1:24 p.m.
M.
Meeting Date: . ?- I a - (Y)
Approved by Trustees:
CITY OF CLEARWATER
EMPLOYEES' PENSION PLAN/
PENSION ADVISORY COMMITTEE
TO: Pension Trustees
FROM: Pension Advisory Committee
SUBJECT: Recommendation for Acceptance into Pension Plan
DATE: May 11, 2000
As Trustees of the City of Clearwater Employees' Pension Fund, you are hereby notified that the
employee(s) listed below have been duly examined by a local physician and each has been designated as a
"first class risk". The employment of these individuals brings the number of FTE's as of this date to
1667.5 of 1779.8 budgeted positions (including the City Commission.
These employees are eligible for pension membership as noted in the Pension Eligibility Date column
below, and it is the recommendation of the Pension Advisory Committee that they be accepted into
membership.
Pension Elig.
Name, Job. Class, & Dept./Div. Hire Date Date
Craig Jennings, TV Production Specialist/Public Comm. 3/27/00 3/27/00
Vince Kirkland, Public Service Technician I/Public Works 3/27/00 3/27/00
Kurt Kraus, TV Production Specialist/Public Comm. 3/27/00 3/27/00
Michael Head, Public Service Technician I/Public Works 4/10/00 4/10/00
Earlwin Lewis, Custodial Worker/General Support Services 4/10/00 4/10/00
Kevin Boaden, Firefighter/Fire 4/17/00 4/17/00
James Bronson, Firefighter/Fire 4/17/00 4/17/00
Kip Thompson, Firefighter/Fire 4/17/00 4/17/00
Rick Wendling, Firefighter/Fire 4/17/00 4/17/00
Shawne Palcisko, Firefighter/Fire 4/17/00 4/17/00
William Muniz, Firefighter/Fire 4/17/00 4/17/00
Patricia Hillman, Police Communications Operator Trainee/Police 4/24/00 4/24100
Harold Gahles, Gas Technician I/Gas 3/27/00 4/22/00
Norma Templeton, Police Communications Operator/Police 4/24/00 4/24/00
Mary Ferrand, Police Communications Operator Trainee/Police 4/24/00 4/24/00
Alysha Roberts, Parks Service Technician I/Parks & Recreation 4/22/00 4/22/00
*originally hired as temporary on 3/27/00; changed to permanent and pension eligible as of 4/22/00
Pen o Adviso omm tee Chai
S `! J
Trustees of the Final Agenda Item #
Employees' Pension Plan 6/12/00
Meeting Date:
Agenda Cover Memorandum
SUBJECT/RECOMMENDATION:
Thomas Hackett, Public Works Department, be granted a regular pension under Section(s) 2.393 and 2.397 of the
Employees' Pension Plan as approved by the Pension Advisory Committee.
and that the appropriate officials be authorized to execute same.
SUMMARY:
Thomas Hackett, Water Superintendent, Public Works Department, was employed by the City on October 20,
1969, and his pension service credit is effective on April 20, 1970. His pension will be effective June 1, 2000.
Based on an average salary of approximately $56,689 per year over the past five years, the formula for computing
regular pensions, and Mr. Hackett's selection of the joint & Survivor Annuity, this pension will approximate
$48,553 annually.
This pension was approved by the Pension Advisory Committee on May 11, 2000. Section 2.393 (p) provides for
normal retirement eligibility when a participant has completed twenty years of credited service in a type of
employment described as "hazardous duty." Section 2.393 (p) also provides for normal retirement eligibility
when a participant has reached age 55 and completed twenty years of credited service, has completed 30 years of
credited service, or has reached age 65 and completed ten years of credited service. Mr. Hackett qualifies under
the 30 years of service criteria.
Reviewed by: Originating Dept: Costs
Legal NA Info Tech NA Human Resources Total
Budget NA Public Works NA User Dept. Funding Source:
Purchasing NA DCM/ACM Q captialimproveme"t Current Fiscal Year
Risk Mgmt NA Other NA Attachments °txrat"'K
Other
Appropriation Code:
Submitted by: ? None
City Manager
Printed on recycled paper Rev. 2/98
r?
Trustees of the Final Agenda Item #
Employees` Pension Plan Meeting Date: 6/12/00
Agenda. Cover Memorandum
SUBJECT/RECOMMENDATION:
Stephen Bingham, Police Department, be allowed to vest his pension under Section(s) 2.397 and 2.398 of the
Employees' Pension Plan as approved by the Pension Advisory Committee.
1 and that the appropriate officials be authorized to execute same.
SUMMARY:
Stephen Bingham, Police Officer, Police Department, was employed by the City on.
May 11, 1987, and his pension service credit is effective on that date. He resigned from City employment on
May 5, 2000.
The Employees' Pension Plan provides that should an employee cease to be an employee of the City of Clearwater
after completing ten or more years of creditable service (pension participation), then such employee shall acquire a
vested interest in the retirement benefits. Vested pension payments commence on the first of the month following
the month in which the employee normally would have been eligible for retirement.
Section 2.393 provides for normal retirement eligibility when a participant has completed twenty years of credited
service in a hazardous duty position and specifically designates the position of Police Officer as hazardous duty.
Mr. Bingham would have completed twenty years of service as a Police Officer on May 11, 2007. His pension
will be effective on June 1, 2007. This request was approved by the Pension Advisory Committee on May 11,
2000.
Reviewed by: Originating Dept: Costs
Legal NA Info Tech NA Fluman Resources Total
Budget NA Public Works NA User Dept Funding Source:
Purchasing NA. DCM/ACM h Captiallmprovemenl
Current Fiscal Year
Risk Mgmt NA Other NA Attachments Operating
Other
Appropriation Code:
Submitted by: ? None
City Manager
Printed nn reevcled naner Rr>v '7last
Tiimstees of the
Employees' Pension Plan
Agenda Cover Memorandum
Final Agenda Item It
Meeting Date: 6/12/00
SUBJECT/RECOMMENDATION:
Catherine Slack, Police Department, be reassigned to a permanent light duty position in the Police Department as
recommended by the Pension Advisory Committee in accordance with Section 2.397 of the Employees' Pension
Plan.
and that the appropriate officials be authorized to execute same.
SUMMARY:
Catherine Slack, Police Officer, Police Department, was injured on September 22, 1998, during an on-duty
training exercise. As a result she suffered cervical and lumbar injuries.
As documented in letters from her doctors, an independent medical evaluation performed by Dr. G. E. Vega, and
a functional capacity test performed at Tampa General Healthcare, Officer Slack has physical limitations to the
extent that she cannot physically interact with perpetrators, cannot lift over 25 pounds to waist level, and cannot
lift more than 15 pounds overhead. She also needs to avoid running and training in physical defensive tactics.
Under provisions of the Employees' Pension Plan, if an employee is disabled from her present job but can be
reassigned to another position in order to perform meaningful work for the City, the employee is not entitled to a
disability pension. The Clearwater Police Department has designated a specific number of positions that are
considered to be "permanent" light duty positions for sworn personnel. Officer Slack has been assigned to one
of these positions.
On May 11, 2000, the Pension Advisory Committee denied Officer Slack's request for a job-connected disability
based on the fact she can perform the duties of the position to which she has been reassigned. This permanent
appointment must be approved by the Trustees of the Employees' Pension Plan in accordance with Section 2.397
of this ordinance. The matter now comes before the Trustees for their approval.
Reviewed by: Originating Dept: Costs
Legal NA Info Tech NA Human Resources Total
Budget NA Public Works NA User Dept. Funding Source:
Purchasing NA DCM/ACM low captial h„ t,rovenwilt Current Fiscal Year
Risk Mgmt NA Other NA Attachments operating
Other
Appropriation Code:
Submitted by: ? None
City Manager
0 Printed nn rervrred naner Rt•v. 91nR
AN-02-2000 09:47
V
6-u- '7
CITY ATTORNEY'S OFFICE
7275624021 P.01
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAI. CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
DAVID E. KR IEGER,
Past ?-? ? -'''``??t
a
7-7
Plaintiff,
-vs- CASE NO. 99-004824-C7-021
CTY OF CLEARWATER; et al., j- . fE
Defendants.
liky
s
44Z,U., V*"--t
ADM= hqadmAn EUML AMU=
TFUS CAUSE cane on for bearing on May 1, 2000 at 11:15 a.m. befog the Honorable
James R. Case on Plaintiffs Motion for Summary AWS m m. The Court having heard argum=
of counsel and being otherwise fully advised in the prenuscs, it is hereby
ORDERED and ADRJDGED that a Summary Final Judpitnt is entered in favor of the
Plaintiff, DAVID E. ERIEGM aid against the Defendants. CrN OF CL .ARWATEIt,
MAYOR BRIAN I. AUNG-ST, COMMISSIONER EDWARD HOOFER, COMMISSIONER
EDWARD HART, COWvGS IONER ROBERT CLARK, and COMMIMONER J.D.
JOHNSON, as Trustees of the City of CleaTwawr's ]Employees' Peasicn Fund, as follows:
1. The Trust=' vote of June 7, 1999, to rescind their earlier approval of the Pension
Advisory Committee's decision allowing Plaintiff to buy back into the City of Clearwater
Employees' Pension Fund, unconstitutionally i nVaired the contract which existed between the
Plaiatiff and the Defendants.
2. The Trustees' action of June 7, 1999 is a nullity.
Post-it' Fax Mate 7671
v
/c-.
Finn
OqW G (01 l oot P" ?
From L
Co. L
f?nC
JUN-02-2000 09 47 CITY ATTORNEY'S OFFICE 7275624021 P.02
M
Y
3. plaintiff shall be entitled to tender payment in the amount of $4,962.47 to the City
of Clearwater to buy back 3.94 years of pension fund contributions at 5% interest.
4. Plaintiff shall make this payawat on or before May 26, 2000, whereupon the City
e6fAcarwater shall adjust Plaintiff's years of smicc to include the 3.94
:Y
DONE AND OR.DEREI? m Chambers in Clearwater', Pinell/ounty?._. this
day of , 2000.
Copies fnwWAwd to:
Andra T. Dreyfus, Esq.
Mark .A_ Hanley, Esq.
Paul Ricbwd Hull, Esq.
CIRCUIT JUDGE
i
1
Y/
f'
TOTAL P.02
5'