03/30/1981
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TRUSTEES OF THE EMPLOYEES' PENSION FUND MEETING
March 30, 1981
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The City Commission, meeting as the Board of Trustees of
the Employees' Pension Fund, met in regular session at City
Hall, Monday, March 30, 1981, at 9:35 a.m., with the following
members present:
Charles F. LeCher (arr.
Paul A. Hatchett
Rita Garvey
James Calderbank
Kathleen Kelly
9:45 a.m.) Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also present were:
Anthony L. Shoemaker
Thomas A. Bustin
Lucille Williams
City Manager
City Attorney
City Clerk
ITEM # 1
The Vice-Mayor called the meeting to order.
ITEM #2
Minutes
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Commissioner Garvey moved to approve the minutes of the
meeting of March 16, 1981. Motion was duly seconded and carried
unanimously.
ITEM # 3
Workmen's Compensation Policy.
Several meetings have been held by the Board of Trustees of
the Employees' Pension Fund with discussion directed toward adopting
a uniform policy for disability pensioners.
The City Manager reported by memo of February 13, 1981 that
certain aspects of action taken by the Board of Trustees at their
meeting of January 19, 1981, needed clarification. After discus-
sing the action taken with the Pension Advisory Committee and
reviewing the ramifications of that action, certain legal questions
must be resolved. He stated in order to implement, the action of
the Board of Trustees of the Employees' Pension Plan Section 2~58,
Workmen's Compensation Exclusion, would have to be amended as it
reads:
"Except where an employee is receiving
no employee shall receive any pension
this Ordinance while such employee is
from the Workmen's Compensation Act."
medical payments,
provided under
receiving benefits
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Wesley Brettel, a retired Fireman receiving disability
pension, suggested an employee be permitted to accept a lump-sum
settlement from Workmen's Compensation and then have periodic
amounts deducted from his pens1on, until the equivalent sum has
been refunded directly into the Pension Fund.
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The Mayor arrived at 9:45 a.m.
Another suggestion made '~as that when an employee became
eligible to enter the Employees' Pension Plan, he refuse the
\~orkmen's Compensation settlement. The City Attorney stated
an employee may not have the right to refuse such a settle-
ment. The best procedure, in his opinion, would be to amend
the Pension Plan.
Commission discussed putting the question on the ballot
and the possibility that it might not be approved by the
citizens.
The City Attorney and the City Manager suggested the
Commission rescind their previous motion approved January 19,
1981, which stated:
"Employees participating under Workmen's Compensation
shall, when their claim is resolved by the Workmen's
Compensation Commission, have the option to allow
the settlement to be: 1) prorated to a date certain
and then the employee allowed to retire at that
time under the City Pension Plan, or 2) willingly
deposit with the City and the employee allowed
to immediately retire under the City Pension Plan."
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The mot ion ,...as
be the maximum
physician.
to be considered would
set by the attending
amended to add the date
medical improvement date
There are several individuals on Workmen's Compensation
who are being held up for a year or more as they have been
unable to settle and cannot go on Pension.
The City Manager stated he would draft a motion for the
Commission to be retroactive to a date certain and to put the
question on the ballot at a referendum. Commission consensus
was to set the effective date as of June or July 1980. The
City Manager will also report on additional costs to the City
for this change.
Meeting was adjourned at 10:50 a.m.
Attest:
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City Clerk
2.
3/30/81