06/29/1987
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TRUSTEES OF THE EMPLOYEES' PENSION FUND MEETING
June 29, 1987
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The City Commission, meeting as the Board of Trustees of the Employees
Pension Fund, met in regular session at the City Hall, Monday, June 29. 1987,
at 1:33 p.m., with the following members present:
Rita Garvey
James Berfield
Lee Regulski
Don Winner
William Nunamaker
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner (Arrived at 1:35 pm)
Commissioner
Also Present were:
Anthony L. Shoemaker
Milton A. Galbraith, Jr.
Cynthia Goudeau
City Manager
City Attorney
City Clerk
ITEM 02 - Minutes - The City Clerk requested an amendment be made to the
minutes on Page 9~ showing Donald Swims' effective date as May 12, 1987 instead
of May 11. 1987. Commissioner Regulski moved to approve the minutes as
amended.Ho~~on was duly seconded and carried unanimously.
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ITEM 13 - Recommendation of the Pension Advisory Committee.
a. Request for Pension, Walter Kosiba & Douglas Carey
In March or 1987, the Pension Advisory Committee approved job-connected
disability pensions for both Orficer Kosiba and Officer Carey based on
application of the presumption law provided for state funded pension plans.
Subsequently. based on the recommendation of Mr. William E. Sizemore, the
Pension Trustees remanded the issue to the PAC for its reconsideration of the
Pension without reference to the presumption law but based solely on medical
evidence. This was done because it was stated that as the Citys' Pension Plan
received no state funds, the presumption law did not apply.
One June 9. 1987, the PAC, by a 2 - 0 vote with one absention, moved to
grant job-connected disability pensions to both of the officers. The two
members voting in favor of the motion advised Mr. Sizemore they made their
decision based on medical evidence. The abstaining member felt the doctors
should be deposed to clarify their opinion. No additional medical evidence
was submitted to the PAC.
Discussion ensued regarding the court decision that the trustees do not
have the authority to overturn the PAC recommendation.
Commissioner Regulski moved to approve the job-connected disability
pensions for Officer Kosiba and Officer Carey. The motion was duly seconded.
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Book 2
96.
6/29/87
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Further discussion ensued regarding whether or not it was clear that these
disabilities were job-connected. Concerns were also expressed that the City
needs to address the problems caused by individuals smoking and becoming obese.
The City Manager indicated that while it cannot be retroactive, that the City's
hiring practices for firefighters and police officers now requires no smoking.
He also stated that he hopes to have a report from the Pension Rewrite Committee
within the next few months and that a study is under review that is an analysis
of the Disability Plan of the City's Pension Plan.
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In response to a question, it was indicated that employees contribute 8~
of their salary to the Pension Fund while the City is currently contributing
12~. Any short fall in funds would have to be made up by the City, not the
employees.
Upon the vote being taken, the motion carried unanimously.
ITEM 04 - Fundin~ for Depositions of Doctors in Pension Cases
The Pension Advisory Committee has reviewed letters from doctors submitted
on behalf of employees requesting disability pensions which have, in their
opinion, left some questions unresolved. An effort to insure the accuracy of
medical opinions the PAC has determined it appropriate to obtain sworn
depositions from the doctors.
Concerns were expressed regarding medical opinions not being "cut and
dried" and the need to address employees causing their health problems by
smoking or allowing themselves to become overweight.
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Miles Lance, Assistant City Attorney, stated he felt the depositions are
a good thing to try.
Discussion ensued regarding whether or not deposition should be required
in all disability cases.
Commissioner Winner moved to approve the taking of depositions on a 6 month
trial basis, the PAC deciding in which cases depositions are to be taken and
funding for the depositions being paid from the Pension Fund.
The motion was duly seconded and carried unanimously.
ITEM 115
Meeting adjourned at 2:06 pm.
Attest:
J~. &.~L.
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Book 2
97.
6/29/87
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AGBrfDA
Board of Trustees or Ule E:.pl.oyaes' Pension P'wld --
June 29, 1987
1 : 30 AM
1 . Call to order. 1. 1 :33 p.m.
2. Approval of Minutes of June 15. 1987 2. Approved as submitted.
3. Recommendation of the 3.
Pension Advisory Committee
A. Pensions to be Granted: A.
1. ) Walter Kosiba 1. ) Approved job-connected
disability pension.
2. ) Douglas Carey 2. ) Approved job-connected
disability pension.
11. Other Business. 4.
1 .) Funding for Depositions of 1. ) Approved 6 month trial.
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).,.,' Doctors in Pension Cases
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5. Adjournment. 5. 2:06 p.m.
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Book 2
95.
6/29/87
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