05/31/1988 (2)
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TRUSTEES OF THE EMPLOYEES' PENSION FUND MEETING
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May 31, 1988
nM City
Pension Fund,
at 9:02 a.m.,
Commission, meeting as the Board of Trustees of the Employees
met in regular session at the City Hall, Monday, May 31, 1988
with the following members present:
Rita Garvey
James Berfield
Lee Regulski
Don Winner
William Nunamaker
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also Present were:
Ron H. Rabun
Milton A. Galbraith, Jr.
Cynthia Goudeau
City Manager
City Attorney
City Clerk
ITEM /12
May 16,
- Minutes - Commissioner Winner moved to approve the minutes of the
1988, meeting. Motion was duly seconded and carried unanimously.
ITEM /13
Denial of Membership
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The City Manager presented the recommendation o~ the Advisory Committee
to deny membership based on physiCian's findings for one (1) employee listed
be 1 ow :
Name
Classif'lcati.oD
Department
Cornelius Legters III
Gas Inspector
Building Department
This matter came before the Trustees on April 18, 1988, and was continued
in order to allow Mr. Legters to address the Pension Advisory Committee
regarding their recommendation of denying him membership. The recommendation
for denial was based on the doctors recommendation that due to Mr. Legters
weight he not be allowed into the Pension Plan.
Mr.
It
Questions were raised at the original meeting regarding whether or not
Legters should have been hired due to the fact he is extremely overweight.
has been reported that the city cannot refuse to hire an individual based
on their weight unless there are specific physical requirements such as those
for police officers and firefighters.
It was emphasized that Mr. Legters can be reconsidered for admittance
into the Pension Plan should he loose enough weight.
Commissioner Winner moved to accept the recommendation of the Advisory
Committee to deny membership. Motion was duly seconded and carried
unanimously.
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Boo k 2
154.
05/31/88
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ITEM H4 -
Request for Pension
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The City Manager presented the recommendation of the Advisory Committee,
General Employees' Pension Fund that the employees listed below be granted a
regular pension under Section 26.34 of the Employees' Pension Plan.
Charles J. Cooper, Police Officer, Police Department, to be effective
May 9, 1988, at an amount to be calculated by the Finance Department.
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Dorothy M. Donley, Accountant I, Finance Department, to be effective
February 16, 1989, at an amount to be calculated by the Finance Department.
Commissioner Winner moved to accept the recommendation of the Advisory
Committee. Motion was duly seconded and carried unanimously.
ITEM tl5
Other Business.
Commissioner Regulski raised a question regarding the Pension Plan as a
whole and the need to address amending it. Discussion ensued regarding the
options available to the Trustees and whether or not they could propose a whole
new plan.
John Nicholson, member of the Pension Advisory Committee, questioned
whether or not changes would have to come from the Advisory Committee and it was
stated that any new plan would be submitted to the Pension Advisory Committee
for review.
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One suggestion was the regular retirement be one plan, job-connected
disability another and non-job connected disability another.
The City Manager reported he had contacted lCMA regarding whether or not
they would be interested in taking over the City's pension plan and he indicated
he is still discussing this with them.
It was the consensus of the Trustees for staff to consider a whole new plan
and the City Attorney to report regarding whether or not it would be legal to
propose a whole new plan and whether or not there can be separate plans.
It was also requested that leMA's opinion of our current plan be obtained.
John Nicholson, member of the Pension Advisory Committee, expressed concern
regarding the agreement reached with Steven Zimmerman. The agreement allowed
Mr. Zimmerman to receive credit for the City's contribution to the Pension Plan.
Mr. Zimmerman had been dismissed by the City and upon appeal was reinstated.
During the time he was not employeed by the City he had removed his contribution
to the Plan, he had brought suit against the City requesting that he be given
credit for part of that time as based on the appeal decision his dismissal had
been unwarranted.
Mr. Nicholson stated he did not feel that the Trustees could use Pension
Plan money to give this credit to Mr. Zimmerman.
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