09/09/1975
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Proceedings of the Pension Advisory Committee Meeting held 9-9-75.
PreDent: Betty Ward, Chairman, Advisory Committee
Ray Kaminskas, Member, Advisory Committee
Joyce Bayerle, City Nurse
Mike Laursen, Personnel Director
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Absent:
Wesley Brettel, Member, Advisory Committee
Meeting commenced at 9:10 A.M. in the Office of the Personnel Director.
The Advisory Committee reviewed the physical examination forms for those employees
listed below in order to determine their recommendations to the Trustees of the
Pension Plan. After review of the forms, it was their recommendation that these
employees be accepted into the Pension Plan:
Linda Lippert, Accounting Clerk II, Finance Department
Darrell T. Gunn, Dist. Serviceman I, Utilities D~partment
Charles Daniels, Rodman, Engineering Division, Public Works
Barbara Malia, Clerk Typist I, Utilities Department
Christopher Nemeth, Diver/Worker, Marine Department
Sandra Temple, Accounting Clerk II, Finance Department
Michael J. Szuba, Dist. Serviceman I, Gas Division, Utilities Department
Sheryl Reckenwald, Maintenance Worker I, Parks & Recreation Department
Regarding the physical examination of Raymond Boler, Instrument Man, the Committee
asked the City Nurse to review this case and if acceptable to forward it to the
Committee for their consideration prior to the next regular meeting. This will
prevent any delay to Mr. Boler regarding going under Pension.
The Pension Advisory Committee considered and approved the request
Police Officer for retirement under Section 5 of the Pension Plan.
',has previously been forwarded to the Finance Director and specific
are forthcoming. Date of retirement is to be October 6) 1975.
of Moses Moore,
His request
computations
The Committee,requested that the Personnel Director inquire of the City Manager's
Office if the City would permit duplication of sufficient copies of the Pension
,Plan to provide each employee with a copy.
Russell Riendeau, recently retired on disability pension, had submitted a letter
to the Committee requesting stipulations as to the type of employment he could
accept without jeopardizing his pension. Committee members requested that the
letter be forwarded to the City Attorney for a legal opinion on this request.
A letter had been received from Alex Battle, Distribution Serviceman I in the Water
Division requesting that the Advisory Committee reconsider his entry into the
Pension Plan. He had previously been rejected (July 1974) because of overweight
and'high blood pressure.' This current request was accompanied by a letter from
Dr.'Sigmond L. Kahn. Committee'deferred this case until the neKt meeting ,to permit
review of his o;riginal physical. \\
Personnel Director passed out copies of a "Sunnnary" of the Pension Plan which he
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P~nsion Advis~ry 'Committee Meeting
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September 9, 1975
had written some eight years earlier. ,It was suggested that this might be a guide
for a'complete and updated summary prepared by the Committee. Ray Kaminskas provided
members 'and. the Director copies of recent' actuarial studies and other data related:;,~;
to the Pension~
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Meeting adjourned.
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Respectfully
. p'rn'
') H. M: ~a'
. Personnel
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CITY OF CLEARWATER
tnterd'p.rtm.nt Corr..pondence Shut
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TO:
Mike Laurscn, Personnel Director
.ROM:
COPIES:
Thomas A. Bustin, City Attorney
SUBJECT:
Betty Ward, Chairman Pension Advisory Committee
Opinion Regarding Disability Retirement and Subscquent Employment
Septer.nber 18, 1975
DATE:
I. '
,
This is in response to your memorandum of September 10, 1975,
requesting clarification regarding a disability retirement and future
employment of a person retired on a disability status.
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This question arises by reason of a. letter from Police Officer Russell
Riendeau in which he notes that he officially retired from the Police Department
effective May 9, 1975, under the disability section. In that letter he also
seeks guidance as to what future employtnent tasks he may assume.
Your attention is directed to Sections 5 and 6 of Division 3 of the Charter
wherein can' be found the pertinent provisions governing retirement under
disa.bility. Those particular sections provide as follows:
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JlSec. 5. Retirement benefits--After twenty years.
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Employees who have been in the continuous service of the city
for a period of twenty (ZO) years or more shall at their request
,be retired on an annual pension which shall be two per cent (Z%)
of the average salary received, by said employee for the last five
(5) years of his or her service multiplied by the number of years
of .service. ~~loyees who become, in the opinion of the advisory
committee, permanently physically or mentally incapacitated tq
perform. their duties, may retire after continuous service of the city
fora period often (10) years or more, provided that such retirement
shall continue only as long as said physical or menta.l incapacity exists.
::provided that nothing in this Act (division) sha.ll be construed to
permit.the retirement of any employee prior to his or her fifty-fifth
(55th) bIrthday, except for a permanent physical or mental in,capacity,
or unles's the employee has been engaged for twenty (ZO) years or
more ,in a character or type of er.nployment which the trustees consider
hazardous. All employees affected by this Act (division) shall be
eligible to retire after thirty ,(30) years of continuoUB service
, regardless of age. ,Employees who become incapacitated through
injury received or illness contracted in line of duty shall be entitled
to benefits as provid~d in Section 6. II
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SEP 2. 2 1975
TO:
.ROM:
COPIES:
SUBJECT:
DATE:
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CITY OF CLEARWATER
Int.rd.pntm.nt Corre.po.,donu Sh"t
Mike Laursen, Personnel Director
Thomas A. BustlnJ City Attorney
Betty Ward, Chairman Pension Advisory Committee
Opinion Regarding Disability Retirement and Subsequent Employment
September 18, 1975
Page 2.
"Sec. 6. Same-..When permanently incapacitated.
Employees who become in the opinion of the advisory
committee J permanently incapacitated through injury suffered or
illness contracted in line of duty shall receive an annual pension
which shall be two per cent (z.%) of the average salary received
by said employee for the last five years of his or her service J
multiplied by the number of years of service, provided, however,
that no such employee shall receive a pension of less than fifty
per cent (500/0) of the average salary received by such employee
for the last five years of his or her service. "
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Examination of Section 5 diaclases that it recognizes what amounts to two
types of'disabUity retirement or put more dis~inct1y, two categories of persons
who may be considered for disability retirement. In the first portion of the
section it 'recognizes employees with ten years of service who have become
permanently physically or, mentally incapacitate d to pc rform their dutie s no
matter where this has occurred or by reason 'of what fact to be eligible for
retirement' on disability; however~ the important"factor to be recognized with
respect to this. class is that this status remains only as long as the physical or
mental incapacity exists. In the latter portion of the section a second cat~gory
. of employee is recognized for disability retirement by reason of injury received'
or illness contracted while on duty. That category of employee receives those
benefits" provided in 8,ection 6 with no limiting language contained in either Section
',. 5 or Section 6 to the effect that the pension continues only as long as the injury or
illness exists. Neither section contains langua.ge such as would prevent an
. employee retired on a disability pension from seeking other emploYment. In that
connection~. Section 8 of Division 3'of the Charter provide's as follows:
"Sec. 8. Return of contributions.
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In case any person employed by the City of Clearwater at the time
of passage of this Act (division) shall leave the employ of the city
within three years from and after the date on which this Act
(division) becomes effective~ then the total amount contributed
by such employee to said fund up to the time of his resignation or
discharge shall be returned to him without interest. Any person
who is employed by the City of. Clearwater at the time of the
'pas'sage of this Act (division) and who ceaaes to be an employee
more than three years from and after the date on which this Act
.
"FROM:
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CITY OF CLEARWATER
1 nte,dlp.,tment Corr..pond.nee Sheet
TO:
Mike Laursen, Personnel Diroctor
SUBJECT:
Thomas A. Bustin, City Attorney
Betty Ward, Chairman Pension Advisory Committee
Opinion Regarding Disability Retirement and Subsequent Employment
DATE:
Septer.nber 18, 1975
Page 3
(division) becomes effective shall, upon his resignation or
discharge, have returned to him eighty per cent (80ifo) of
the total amount contributed by said employee to said fund
without interest. Any person who enters the employ of the
City of Clearwater after the date on which this Act (division)
becomes effective, and who thereafter leaves the employ of
the city, sha.ll have returned to him eighty per cent (800/0)
of the total amount contributed by said employee to said fund,
without interest, and an employee who dies and no pension is
provided, his estate shall receive eighty per cent (80%) of
the total amount contributed by said employee without interest. "
It appears that the critical factor to be determined with respect to Officer
Riendeau's disability pension is whether or not the officer was placed on pension
status by reason of injury or illness contracted during the course of employment
or otherwise contracted. If Officer Riendeau contracted the illness which
resulted in his disability pension while on duty, I find nothing in the Charter
'such as would prevent him from accepting an Wllimited range of employm.ent;
.. however, if his disability results from an illness either mental or physical
arising from. something other than his employm.ent, then while be is not prevented
. from taking another job he would have to take ouch a job that would not leave
him open to the assertion that the mental or physical disability had ceased.
, , 'In other words, if the officer involved does take a job and it becomes apparent
/' by:-reason of his activites associated with that job that the physical or mental
incapac~ty is now gone, then under the first portion of Section 5 of Division 3
he would place his disability pension in jeopardy.
Therefore, it would be my opinion that neither Section ,5 or Section 6 of Di'Vision
'3 of the Charter prevents an employee retired on a disability pension from
accepting other employment; however, that employee who has been retired
a's pr'ovided in the first portion of Section 5 and is receiving those benefits provided
therein as opposed to the employee retired on disability by reason of an injury
or illness contracted while on du.ty must be aware that accepting new employment
may very well open him to the as sertion that th.~ physical or mental activity which
incapacitated him resulting in his disability pension has ceased.
T AB:br
Thomas A. Bustin