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12/04/1995 (2) '.' ....,.:'. , +: "..'~ :".. ,..1 : ~:'_.~'~,.T."...:'''' :~:"'~."_.".:~I" ..., ..'i~, '."1 . . ..:' '. '.... I '.:..." :'... ....., "." '. : i' .' . I . ", "'. "'/,' :"'" ;f; i..t:'\:;?"",,: ':: ">: :,:: ':", ", ':' . 'j' ",', , ' , . . PENSION . (TRUSTEES) Board of Trustees of the Employees' Pension Fund Minutes Date 50S ____.._...~..L I . ....<... - .,_.-.......__..-.-..........-_....-.q...~.....,.l~~......_........._._..... ". . , .' ....~.-.I-4U..+r.t;....~~~'-'I-~lI;ta~~~~(~~:.I\ .;.:I..... .;....~..'.':. ~Tl' .,..~: ..;' .~t\::{t.~.;;:r~i.~:<...~~ Ie ,"<:,..~, ",'.,';','..-' "', ',:;::' ':' ,'" ,: ',,,c, ,',' ,~. ",',,',~""'.,,' ,.",,','" ;, "." .',: , '", .' ,\"'" "[-a " (-',,' ....," ---.,,' , ;,",,' . ,', . ".' L ,," ~' I' ,\ ~ r ". ') ',::~.(..':,::,H,:\~j::i\;i :?;'i:':"" ". ,: ~:\. I . '.' .. t~' ~.i.: ~ .. . . I ~ . 1 : ; ~ . .~.:: *' , " " ,'" ACTION AGENDA Board of Trustees of the Employees' Pension Fund December 4, 1 995 1. Call to order 2. Approval of Minutes of 11/13/95 3. Request for acceptance into membership: a) Judy Martin b) Lois Norman 4. Job-Connected Disability Pension to be granted: Gary E. Milarck , 5. Job-Connected Disability Pension to be granted: David D. Bossard 6. Job-Connected Disability Pension Q to be granted: Robert Batten 7. Job-Connected Disability Pension to be granted: Linda Traub 8. Non-Job-Connected Disability Pension to be granted: Willie A. Frazier " 9. Survivor's Pension to be granted: Cora M. Bennett, wife of Ernest Bennett ldeceased) 10. Other Business: 1. 9:53 a.m. 2. Approved as submitted. 3. Approved. 4. Granted. 5. Granted. 6. Granted. 7. Granted. 8. Granted. 9. Granted. 10. PAC meeting set for 9:00 a.m., 12/12/95. 11., Adjournment: 11. 10:01 a.m. 0,'1> . ..~ . " "~t~,,'i~{"" ':1 ::,'~)/f}q,' ~'.'" ,.., ':::'> o i' ..,' ,.' .re 'c. ' . ':"';; ":',; >.\' '~';~'~: '. TRUSTEES OF THE EMPLOYEES. PENSION FUND MEETING December 4, 1 995 The City Commission, meeting as the Board of Trustees of the Employees' Pension Fund, met in regular session at City Hall, Monday, December 4, 1995 at 9:53 A.M., with the following members present: Rita Garvey Sue Berfield Fred Thomas J. B. Johnson Robert Clark Chairperson Trustee Trustee Trustee Trustee Also Present were: Elizabeth M. Deptula Pamela K. Akin Cynthia E. Goudeau City Manager City Attorney City Clerk ITEM #2 - Minutes: Trustee Berfield moved to approve the minutes of the November 131 19951 meeting. The motion was duly seconded and carried unanimously. ITEM #3 - ReQuest for Acceptance into Membership: The City Manager presented the recommendation of the Pension Advisory Committee to approve membership for the employee(s) listed below: a) Judy Martin b) Lois Norman Trustee Thomas moved to accept the recommendation of the Pension Advisory Committee. The motion was duly seconded and carried unanimously. Trustee Thomas questioned if the disability pensions could be delayed so they would fall under the new plan. Kathy Rice, Deputy City Managerl reported the employees had been told all those who were able to complete the process in order to be approved at today's meeting would be under the old plan. The City Attorney indicated to delay the approvals only to have them subject to the new plan would not be a legitimate reason to continue these items. mPF12.95 1 12/4/95 ~: '.~l.,'\'~:~"~' I ~ f~ v .' . " .. ( ,,' ITEM #4 - ReQuest for Pension: The City Manager presented the recommendation of the Pension Advisory Committee that Gary E. Milarck be granted a Job-connected disability pension under Section(s) 2.397 and/or 2.399 of the Employees' Pension Plan. . Gary E. Milarck was employed on August 5, 1978, and began participating in the Pension Plan on July 27, 1979. Mr. Milarck's employment date and pension service differ because he was initially employed as a permanent part-time employee. On November 1, 1995, the PAC determined Mr. Milarck was eligible for a job~ connected disability pension based on his disability resulting from an on-the-job injury. His injury is described as Chronic Lumbosacral Sprain and Bulging Disc L4-5 and L5-S 1. The injuries are documented by statements from Robert D. Gruber, D.O.; R. W. Springstead, M.D., P.A.; and Richard Lyster, M.D. Mr. Milarck's injury is based on a job injury reported in 1989 when he strained his back while moving a chair in the Toll Plaza Office. As a result of that accident he was off work for several months. He subsequently returned to work with certain restrictions as to lifting. Accommodations were able to be made in that type of work to enable him to continue to work as a Marine Facility Operator. The recent closure of the Toll Facility at the Sand Key Bridge has eliminated the position duties in the Toll Plaza and requires reassignment to other tasks within the Marine Facility Operator job class that are outside the scope of his physical capabilities. Remaining positions within the job class, primarily at the Marine Fuel Dock, require a great deal of lifting, bending and stretching. (Prior to the closure of the Toll Plaza, Mr. Milarck did attempt to perform duties at the Marine Fuel Dock but was unable to continue performing those duties.) Dr. Gruber states, ".... the fuel dock operation position has already demonstrated to be in excess of his physical capabilities..." (8/25/95), that"... he has been placed under a permanent lift restriction of 50 pounds...", and that the increased level of activities at the fuel dock"... may place him at risk for recurrent back and leg pain and possible progression of disc bulge to full herniation..." (7/18/95). Dr. Springstead states, (8/7/95) "1 do not feel that he can return to ...employment as a marine fuel dock operator. It will put too much demand on his lower back and could cause him continued problems..." He further states, Mr. Milarck "has reached MM I from his back injury" and "... has sustained some permanency as a result of the injury to his lower back." Dr. Lyster states, Mr. Milarck "is at MMI with an Impairment Guide rating of 6 percent." He recommends ".... no twisting or bending and would also recommend a 30 lb. weight limit restriction. This patient would be unable to perform the job description of a Marine Facility Operator..." mPF12.95 2 12/4/95 . ......,.". . .,.u.. ......~"... ~:'I " c . .. .., Based on an average salary of approximately $25,662.10 over the past five years and the 75% minimum disability benefit, Mr. Milarck's pension will approximate $19,246.58 annually. Charts from Finance which take into consideration mortality rates and age reflect the "present value cost of financing" this pension will be approximately $259,664.08. The total actual payout will approximate $692,877. Trustee Clark moved to accept the recommendation of the Pension Advisory Committee.. The motion was duly seconded. Trustees Berfield, Johnson, Clark and Garvey voted II Aye"; Trustee Thomas voted "Nay". Motion carried. ITEM #5 - ReQuest for Pension: The City Manager presented the recommendation of the Pension Advisory Committee that David D. Bossard be granted a job-connected disability pension under Section(s) 2.397 and/or 2.399 of the Employees' Pension Plan. David D. Bossard was employed on September 1, 1971, and began participating in the Pension Plan on that date. On November 1, 1995, the PAC determined Mr. Bossard was eligible for a job.connected disability pension based on his disability resulting from an injury. His injuries are described as a herniated disc at C5-6 with impingement on the spinal cord. The injuries are documented by letters from Rosario A. Musella, M.D.; H. Bushnell Clarke, M.D.; Gary G. Moskovitz, M.D.; Michael J. Andriola, M.D. and Luis Figueroa, M.D. <Q.;,) t The injury is reported to have occurred on July 21, 1995, when Mr. Bossard was -t.1. restraining a patient who had a seizure. Dr. Musella reports a review of an MRI of the cervical spine reveals "... a large herniated disc at the C5-6 level eccentric to the left resulting in a mild compromise of the spinal canal ..." He notes the patient has not responded to conservative measures and is a candidate for operation and that "Meanwhile, the patient is totally disabled and unable to resume his occupation as a paramedic and firefighter... " Dr. Clarke states his impression that Mr. Bossard has a left C-6 radiculopathy and "This is manifested by radicular pain in the arm, bicep weakness and paresthesias. In addition, he may have a central cord syndrome component with some paresthesias in all five fingers ... there is a possibility... he would not be able to return to this (his normal position) regardless of operative intervention..." Dr. Figueroa states, Mr. Bossard "... is job specific totally disabled from returning to work as a firefighter and paramedic ... Mr. Bossard's current symptoms and problems are related to a job connected injury ..." and that Mr. Bossard "... is keenly aware of his diagnoses and he knows that he has to seek medical attention in case he develops worsening weakness, loss of sensation, unsteadiness of gait, bladder or sexual dysfunction or if the pain becomes more disabling..." iQ mPF12.95 3 12/4/95 .'. t. .......1 c."! ~I-"(;Y'~' . " " , ". ,. ~ , Dr. Andriola states, "The patient's response to conservative care ... has been suboptimal... it is unlikely that conservative care will resolve the problem entirely and in fact the patient will need surgery." He additionally states, ,.... it is my opinion that the patient is not able to meet these (job) requirements at the present time, nor will be able to meet them in the future, whether he has surgery or not." Based on an average salary of approximately $40,413.16 over the past five years and the 75% minimum disability benefit, Mr. Bossard's base pension will approximate $30,309.87 annually. With two dependent children, he will receive an additional $4,546.48 for each child during their eligibility (until age 181. Therefore, his initial pension will approximate $39,402.83 annually. Charts from Finance which take into consideration mortality rates and age reflect the "present value cost of financing" this pension will be approximately $408,639.97. The total actual payout will approximate $1,247,630. . Trustee Berfield moved to accept the recommendation of the Pension Advisory Committee. The motion was duly seconded. Trustees Berfield, Johnson, Clark and Garvey voted "Aye"; Trustee Thomas voted "Nay". Motion carried. ITEM #6 ~ ReQuest for Pension: The City Manager presented the recommendation of the Pension Advisory Committee that Robert Batten be granted a job.connected disability pension under Section(s) 2.397 andlor 2.399 of the Employees' Pension Plan. f'~~ .~:I Robert Batten was employed on July 30, 1984. and began participating in the Pension Plan on that date. On November 8, 1995, the PAC determined Mr. Batten was eligible for a job-connected disability pension based on his disability resulting from an on- the-job injury. His injury is described as a C6-7 Disc herniation which resulted in a C6-7 anterior cervical discectomy and fusion. His disability is documented by letters from Michael B. Evans, M.D.; Dennis M. Lox, M.D.; J. Sudler Hood, M.D.; and Richard F. Lyster, M.D. Dr. Evans reports (letter of 9/18/95) "The patient's diagnosis is mechanical back pain secondary to degenerative joint disease ... (he) has undergone extensive physical therapy without improvement. Improvement in his condition seems unlikely to occur." A subsequent letter (10/3/95) from Dr. Evans relates that "... he has gone through the most intense treatment for mechanical back pain that I am aware of ..." Dr. Lox (letter of 11/1/95) states, "... the patient has reached a point of maximum medical improvement. He has sustained a 9% impairment, based on the Florida Guidelines for his cervical discectomy and fusion and a 5 % impairment, based on his lumbar strain with degenerative changes ... In reference to review of equipment operator III job description, I feel that the patient is permanently disabled with regards to that type of employment. " o mPF12.95 4 12/4/95 . , JC' , 'J , . . ,', ," I, '. ~ Dr. Hood states (letter of 10/12/95) '\.. the patient's diagnoses are permanent and I . ~, do not believe there will be improvement in the employee's condition and/or ability to work ..." and "I believe the patient's diagnoses fully disable him from the job performance of an Equipment Operator Ill." (~ o Dr. Lyster (letter of 11/2195) concurs the patient has a 14% impairment (a cervical spine rating of 9% and spinal stenosis in the lumbar spine of 5%) and has reached MMI. Dr. Lyster states, tIthe patient would be unable to perform his duties of Equipment Operator 111 under his present physical condition ..." Based on an average salary of approximately $24,111.39 over the past five years and the 75% minimum disability benefit, Mr. Batten's pension will approximate $18,083.54 annually. Charts from Finance which take into consideration mortality rates and age reflect the "present value cost of financing" this pension will be approximately $234,476.08. The total actual payout will approximate $560,590. Trustee Johnson moved to accept the recommendation of the Pension Advisory Committee. The motion was duly seconded. Trustees Berfield, Johnson, Clark and Garvey voted "Aye"; Trustee Thomas voted "Nay". Motion carried. ITEM #7 - Request for Pension: The City Manager presented the recommendation of the Pension Advisory Committee that Linda Traub be granted a job.connected disability pension under Section(s) 2.397 and/or 2.399 of the Employees' Pension Plan. Linda Traub was employed on January 9, 1978, and began participating in the Pension Plan on that date. On November 1, 1995, the PAC determined Ms. Traub was eligible for a job-connected disability pension based on her disability resulting from an on- the-job injury. Her injuries are described as knee and lower extremity trauman and reconstruction. The injuries are documented by letters from J. Sudler Hood, M.D.; Elizabeth C. Sirna, M.D.; and Lawrence M. Gnage, M.D. A Notice of Injury report reflects Ms. Traub was injured on 3/6/92. While painting the lids on an eight-yard container, she stepped off of a ladder, missed a step and jammed her knee. Dr. Hood states, "The specific nature of the injury is post-traumatic arthritis of the right knee, I think the patient's condition is permanent, I think this is causally related to her injury of 3/6/92, and With the degree of arthritis that she has, I do not think she would be able to perform her job as described in her job description, which requires climbing over and around large metal dumpsters, repairing them, using power tools to do so for part of the job." Dr. Gnage reports she has reached MMI with an impairment rating of 8% to the whole person and indicates, "... She should be on permanent restrictions of no excessive standing or walking, no climbing." mPF12.95 5 12/4/95 " . u "v .'1 ',t.: \,t...I:'h ~ {~i1". \ .":r.-FK",:.;,;.~.,~~~./~j.; '"l-~, ,:. > :~~(:.'..: .. .' , . ....,.... .t;i.....l~~ ~ ~ " > ' ~ Dr. Sirna conducted an IME on Ms. Traub and reports "Status post work related injury, complicated with meniscectomy, mild dogoneratlve arthritis of the medical compartment and tibial osteotomy with romoval of hardware, and Patellofomoral pain syndrome. " By supplemental report, Dr. Sirna Indlcatos Ms. Traub has reached MMI and designates her condition as permanent wIth "no ropetltlve bending, squatting, lifting, stair climbing and jumping. No repetitive lifting/carrying groater than 15 Ibs." Based on Florida Impairment Guidelines (1993) an Impairmont rating of 8% Is assigned. Within reasonable medical probability Dr. Sirna indicates Ms. Troub will ruqulro futuro surgery for a total knee replacement. Based on an average salary of approxlmotoly $22,825.18 over the past five years and the 75% minimum disability benefit, Ms. Traub's ponslon will approximate $17,118.89 annually. Charts from Finance which take Into consldoratlon mortality rates and age reflect the "present value cost of financing" this pension will bo approximately $240,219.71. The total actual payout will approximate $753,231. Trustee Berfield moved to accept the recommendation of the Pension Advisory Committee. The motion was duly seconded. Trustees Berfleld, Johnson, Clark and Garvey voted" Aye"; Trustee Thomas voted "Nay". Motion carried. f~ ~~~ ITEM #8 - Request for Pension: The City Manager presented the recommendation of the Pension Advisory Committee that Willie A. Frazier be granted a non..job-connected disability pension under Section 2.396 of the Employees' Pension Plan. ' Willie A. Frazier was employed on January 13, 1975, and began participating In the Pension Plan on July 13, 1975. At the time Mr. Frazier was hired, employees did not participate in the pension plan for the first six months of employment and such time was not counted as pension service credit. Subsequently, when employees wore given the option to buy that service time, Mr. Frazier opted not to do so. On November 1, 1995, the PAC determined Mr. Frazier was eligible for a non.job- connected disability pension based on his disability which is described os lung cancer and the removal of a lung. His disability is documented by medical statements of Owen Linder, M.D. and Ressa M. McDonald, M.D. Dr. Linder states, "Incurring 'adenocarcinoma of the lung is a permanent conditIon. 95 % of victims die of adenocarcinoma within five years... The diminished pulmonary capacity resulting from 1 lung being resected is a permanent impairment. He will be unable to do the "labor" aspect of the job described under equipment operator Ill. tI Dr. McDonald states, ".... underwent a left pneumonectomy in May of this year for moderately u mPF12.95 6 12/4/96 ~ ,~) ,.~ o 'I' .",( '. . ,. '. ': . ." " . ; differentiated adenocarcinoma. Prior to his surgery his FEV1 was 2.5 liters, i.e., it was within normal limits. After his surgery he is now 1.5 liters .... 1.5 liters is a moderate pulmonary defect and would make him unable to do any heavy exertion." Based on an average salary of approximately $27,405.48 over the past five years and with twenty years of pension service, Mr. Frazier's pension will approximate $1 3,908.28 annually. Charts from Finance which take into consideration mortality rates and age reflect the "present value cost of financing" this pension will be approximately $191,404.88. The estimated pension cost (cash payout over the life of the pensioner and his spouse) is $556,331. Trustee Johnson moved to accept the recommendation of the Pension Advisory Committee. The motion was duly seconded and carried unanimously. ITEM #9 ~ Request for Pension: The City Manager presented the recommendation of the Pension Advisory Committee that Cora M. Bennett, wife of Ernest Bennett (deceased) be granted a survivor's pension under Section(s) 2.398 and/or 2.399 of the Employees' Pension Plan. Ernest Bennett, was employed on April 26, 1976, and began participating in the Pension Plan on that date. He passed away on AU8ust 3, 1995. Cora M. Bennett, wife of Ernest Bennett, has applied for survivor's benefits under provisions of the Pension Plan. Upon presentation of the appropriate documentation, the PAC approved Cora Bennett's request at its meeting of November 8, 1995. This pension will be effective on August 4, 1995, at the beginning of the day. Based on an average salary of approximately $35,233.74 over the past five years and the formula for computing survivor's benefits, Mrs. Bennett's pension will approximate $17,035.51 annually for five years; thereafter, it will approximate $8,517.76 annually. Charts from Finance which take into consideration mortality rates and age reflect the "present value cost of financing" this pension will be approximately $151,063.61. The estimated pension cost (cash payout over the life of the pensioner) is $349,228. Trustee Clark moved to accept the recommendation of the Pension Advisory Committee. The motion was duly seconded and carried unanimously. ITEM #10 - Other Business: H. M. Laursen, Human Resources Director, questioned if it would be possible to schedule a meeting of the new PAC (Pension Advisory Committee), which now includes three Commission members, prior to the end of the year. He indicated this meeting is needed in order to discuss roles, procedures, etc. mPF12.95 7 12/4/95 "-"n;_~""".. ~'I(""''4'1....':'''',~,,,,,: ";'~hl';',"""".. c'.:... ';.;; ,',~ .'I.>~" :~'..4~'~i~:d.~.(..".:c . , . :..:~ .,h~.....~,'. :'( i'i,>;::.>,::,:&\'~~~rf~lii"}!~f\\\!~ri!;l'{~,'>,";'"):,:;:\~! pXr:t;:;;' ..' .' ~, I', . t.' OJ ., . It, Consensus was to set the meeting for 9:00 a.m. on December 12, 1995 in the' large conference room. ' ITEM #11 w Adjournment: The meeting adjourned at 10:01 a.m. ATTEST: r~~.:~' '2'.' .' /3.. ~. .",~ '~lV'~tty C~erk " . :0 ." mPF12.95 8 1 2/4/95 .~~~;t '. ..i: t,/,.~~.~ !l~~~::'~ .~~/~ ...I,.(~ . \..~~ ~ "t"~ . I..... ji;~~;;~~';'~:i',~~" ,I.~.L: \ :l~'::\:~"' .' " .".:'