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09/20/1989 Proceedings of the Pension Advisory Committee Meeting of September 20, 1989. Page 1 Present : John Nicholson, Chairman Olenn Perry, Member Tom Pudclski, Member , I j Deborah Lally, Personnel Deparfment Cynthia ellman, Personnel Department Miles Lance, Assistant City Attorney William Harvey, Firefighter Paul Cnrter, Police Officer Dennis Acker, Police Officer Susan Oryncewicz Albert Grynccwicz "' The meeting was called to order at 9:32 A.M. Glenn Perry moved to approve the minutes of August 1.6. 1989. The motion was duly seconded by Tom Pudelski and carried unanimously. Tom Pudclski moved to suspend action on the new members until the end of the meeting. The motion was duly seconded by 'Glenn Perry and carried unanimously. Donald Ward, Communications Firefighter, Operator, Fire Police No new information was received concerning Department and Michael Dandaneau, Police ,Department. No action was taken. The Committee considered the request of William Harvey, Firefighter, Fire Department for a job-connected disability pension. A letter from Dr. Deehl was received by Mr. Nicholson. This doctor performed an independent medical examination on Mr. Harvey. Mr Nicholson did not have the letter and no other copy was available. However, Mr Nicholson said the letter did state that' Mr. Harvey has problems with his knees that could' be improved if he had surgery. The Committee deferred action on this until later in the meeting if the letter was located. . The Committee considered the request of Susan Gryncewic'Z, former Police Communications ,Operator, Police Department, for a job-connected disability pension. Ms. G'lj'ncewicz submitted a lctter from Dr. Belsolc and one from Dr. Ishler. In Lhe opinion of the : Coinmittee members, neither letter was sufficient. Dr. Ishlerts letter stated Ms. Gryncewicz has n 30 to 35% impairment to her upper extremity as a result of an injury to her right wrist. Mr. Nicholson advised Ms. Gryncewicz that the letters must contain three things: ]) the condition is penn anent: 2) the employee cannot perform the duties of hislher job; and 3) the injury is job-connected. Mr. Nicholson said although the injury was incurred while Ms. Gryncewicz was n Police Recruit, she should be able to perform some other type of job. She stated she had returned to work, in the Communication Center but was terminated for being inefficient and medically unable to perform her duties. Discussion ensued. Mr. Nicholson stated he would review the Workers' Compensation filc at Risk Management. Miles Lance. Assistant City Attorney. asked Ms. Gryncewicz if she could do the work of a Communications Technician. She statcd she still does not have good henring as a , , I ~ t 1 ~ ~ ~ I R ~ 1 ~ ~ I 6 ; I I ! I , { j ~ ~ ~ r i: .: Proceedings of the Pension Advisory CommlUee Meeting of September 20, 1989. Page 2 result of an infection she had last ycar. They had put her at n desk and she was starting to work morc hours when she was tcnninntcd. Mr. Lance asked her if she could do this job today. Ms. Oryncewicz stated she could not due to swelling and bad headaches. She advised Mr. Lance this was a pennanent condidon. After further discussion, Ms. Oryncewicz was advised to get new letters from her doctors with the necessary information. The Commhtee may require her to have an independent medical examination. Ms. Orynccwicz has an appointment with Dr. BelsoJe on October 14th. This matler will be placed on the agenda, for the meeting of November I, 1989, since Mr. Nicholson will nol be here on October 18th and may be unavailable for the October 4th meeting. The Committee considered the request of Johnny Jones, Maintenance Worker I, Transportation Division, Public Works Deportment, for a jobwconnected disabi1ity pension. 'Discussion ensued concerning Mr. Jones' need for another letter from a doctor since he has only one. Mr. Perry reminded lhe Committee that it passed a motion at the last meeting to have the Pension Fund pay for an independent medical examination if Workers' Compensation won't pay for it. Mr. Jones is to contact Nancy Degner, City Nursc, to receivc n list of doctors from which to choose. and Mrs. Degner will make an appointment for him. The cost will be paid by either Workers' Compensation or the Pension Fund. The Committee considered the request of Paul Corter, Police Officer, Pollee Department for a jobwconnected disability pension. , Mr. Carter presented letters from Dr. Jan Hirschfield and Dr. Peter Blumencranz which stated Mr. Carter suffers from Crohn's disease which in their opinions is stress.related and caused by his job as a Pollce Officer. Mr. Carter also presented a letter from Dr. McClure which referenced an injury 10 his shoulder. .I)" :/":.' 0 Mr. Nicholson asked whether Mr. Carter filed a Workers' Compensation claim for this. '~;~'" Mr. Carter advised the Committee that Workers. Compensation is onJy for accidents or injuries. " ' not diseases. Dennis Acker, Police Officer, addressed the Commiuee on behalf of Mr. Caner. He advised the members that Mr. Caner has borrowed sick leave, and this will run out in about two weeks. If a decision is not made soon, this will cause a financiaJ hardship on Mr. Carter. The Committee members agreed the letters were acceptable and a vote could be taken today. Tom Pudelski' moved that Paul Carter be granted a job-connected disability pension, effective 'on the date to be determined by Finance, based on Mr. Carter's disability that resulted from on~the~job circumstances which is described as Crohn's Disease, said. disability making him permanently unable to perform his job and documented by medical statements of Dr. Ian Hirschfield, dated July 25, 1989, and Dr. Peter Blumencranz, dated July 27, 1989. The ,motion was duly seconded by Glenn Perry and carried unanimously. /~:T.. ~~'~ , A question was raised regarding the vested pension date for Michael Stuart, former Police V~:.' ':;)" 'Officer. According to records Mr. Stuan's benefits participation date is April 2, 1973, rather +~:.. than October 2, 1972, as indicated in his request to vest his pension. Mr. Pudelski staled that he ~~,t" had spoken to Mr. Stuart and was advised by him that he had paid back the additional six ;,~,), months. Cindy Clirnnn offered to pull his Payroll file. l{';~,' . ~" . ", \"" The meeting recessed at 10:25 A.M. It reconvened at 1 0:49 A.M. Proceedings of the Pension Advisory Commiuec Meeting of September 20. 1989. Pngc 3 During the recess Mr. Nicholson found the letter {rom Dr. Deehl regarding Wllllom llnrvey, Copies were presented to the other members. The leller stated that if Mr. Harvey docs not hove surgery. he could not perform the duties of 11 Firefighter Dnd is permanently disabled. Glenn Perry moved that William Harvey be granted u job-connected disability pendon. effective on the dOle to be dClennined by Finance. based on Mr. Harvey's disabiJity that resulted from on.the-job circumstances which is described as injury to his knees, said disability making him permnnenly unable to perform his job l1nd documented by medical slatements of Dr. Lowell J. Ocehl. dated August 22. 1989; Dr. Patrick J. Logue, dated April 20, 1989; Dr. John P. Barrett, dated April 25. 1989; and Dr. Charles E. Abrahamsen. daled June 16. 1989. The motion was duly seconded by Tom Pudelski. Mr. Nicholson advised Mr. Harvey that if he docs have surgery, he should notify the City because they can require him to be re-~valuated. Mr. Harvey stated he would see Dr. Barrell and/or Dr. Abrahamsen again; and, if they agree with Dr. Dcehl's diagnosis, he may have lhe surgery. He also stated he would like nothing beller than to relurn to work. The motion was carried unanimously. Cindy Climan presented to the Committee members a copy of a document signed by Michael Stuan in which he waived his right to pay back his pension for an additional six months. Based on the lack of documentation to support, Mr. Stuart's claim, Glenn Perry moved to change the date of Mr. Stuart's vested pension from October 2. 1972. to April 2. 1973. The r-,,' motion was duly seconded by Tom Pudelski and carried unanimously. If Mr. Stuart has other i~,,::' evidence. he needs to provide this to the Committee. 1(0 Mr. Nicholson advised the Comnlittee that the Trustees considered its request for independent ~'_,...,' legal counsel Ilt their last meeting. By a vote of 3 to 1. the Trustees accepted the ,;~~~.. recommendation of City staff not to provide the Pension Advisory Committee with its own legal ~r7: .', counsel. The Committee accepted the decision at this time. J,:{.':~::' . Mr. Nicholson spoke to the Trustees about the guidelines and procedures being established by . the Committee. They thought the concept was a good idea. and staff will provide them with copies of tile guidelines for their review. Mr. Nicholson' said Ron Rabun. City Manager. stated he is still looking into an leMA pension plan. It will not be a. conversion plan. and his intent is to offer it as an option. This is still a bargainable iasue. The City Manager would like to get together with the Commiuee members to receive their input on this issue. Discussion ensued regarding a letter sent to Sgt. DeSanlis from Risk Management advising him that he still needs to provide a letter from his doctor stating his medical conditions I1rc corrected. Mr. Pudelski spoke with Sgt. DeSantis and was advised by him that he doesn't think he will supply the infonnation and probably will sue. Due to,. tile fact that sworn police and fire personnel arc not covered by Social Security per an existing agreement, this presents a problem in Sgt. DeSantis' case if he is not accepted into the Pension Plan. Ml'. Nicholson suggested 5gt. DeSantis be given six months to present the doctor's letter or he will be required to have a new physical at his own expense. Because of the special. circumstances of this case. Mr. Perry fell he should be precluded from entering the Plan at all after the six months. \ 1 l I ! ~ ~ "< 1 !/ j , " ~ ~ i ~ . " i " . l '..~', "'J ..:,.~.. \ , . '.'!l Proceedings of the Pension Advisory Commltlee Meeting of Seplember 20, 1989. Page 4 Glenn Perry moved that Sgt. DeSantis be sent 11 lener advising him he has six months from the date of the letter to prescnt the neccssary documentation or he will nOI be accepted inlo the Pension Plan. The motion was duly seconded by Tom Pudelski and carried unanimously. The Committce received n request from Jacqueline 'Sulek, former Assistant Purchasing Manager, for a non-job-connected disability pension. She had previously vested her pension. Discussion ensued regarding whether or not she could apply for a disability pension after 'vesting her pension. Mr. Lance stated the ordinance conlains no time limit on applying for disability pensions after resigning. Mr. Pudelski asked how an employee could present medical proof that the condition existed before they resigned. Cindy Climan advised the members that Ms. Sulek had been ill for some time before she resigned. Olenn Perry moved that Jacqueline Sulek be provided with information she needs to apply for a pension. The modon was duly seconded by Tom Pudclski and carried unanimously. Mr. Nicholson commented on an opinion received from Mr. Lance concerning the need for Pension' Advisory Committee members to file financial disclosure statements. The opinion states tbat if the members serve solely in an advisory capacity, it is not necessary to file these papers. Discussion ensued on this matter. " I t t Tom Pudelski read the name(s) of the following employee(s) to be accepted into membership in tbe Pension Plan: Date of Employment Pension Elit:. Date Earl Stanford, Water Dist. Ser. Wkr. I Theresa Oryncewiez, Office Asst. II Albert. Oryncewiczt Accounting Clerk II Sally Thomas, Office Assistant II Linda Hamrell, Librarian II Raymond Pelote. Offset Dup. Operator I Pub. Wks./Water Police Adm. Ser./Purchllsing City Clerk Libraries Pub. Info./Graphics 7-21-86 9-17-79 12~21-81 8-21-89 5-5-86 8-7-89 8-11-89 8-10-89 8-10-89 8-21-89 8-4-89 8-7-89 Tom Podelski moved to accept into membership the six (6) employcc(s) listed above. The motion was duly. seconded by Glenn Perry and carried unanimously. Tom Pudclski moved that the meeting be adjourned. The motion was duly seconded by Glenn Perry and carried unanimously. The meeting adjoumed at 11 :26 A.M. Resp~ctfully ,submitted. 'H. Michael Laursen Personnel Director and Secretary,. Pension Advisory Committee I,