04/16/1996 (2)
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PAC
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Pension Advisory Committee
Minutes
Date
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Present:
Rita Garvey
Richard Breest
J. B. Johnson
Robert Clark
Pat Greer
Pat Shepler
Empty Seat
Leslie Dougall-Sides
Michael Laursen
Patricia O. Sullivan
Acting Chair/Mayor
Committee Member
Committee Member/Commissioner
Committee Member/Commissioner
Committee Member
Committee Member - arrived at 9:08 a.m.
Committee Member
Assistant City Attorney
Human Resources Director
Board Reporter
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PENSION ADVISORY COMMITTEE
CITY OF CLEARWATER
April 16, 1996
The Acting Chair called the meeting to order at 9:00 a.m. at City Hall.
To provide continuity for research, items are in agenda order although not necessarily
discussed In that order.
ITEM #2 - Selection of Seventh Committee Member
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Member Clark moved to appoint Dick Fitzgerald as the seventh committee member.
The motion was duly seconded and carried unanimously.
ITEM #3 - Selection of a Chair
Member Johnson moved to appoint Mayor Garvey as PAC Chair. The motion was
duly seconded and carried unanimously.
ITEM #4 - Aooroval of Minutes
Member Johnson moved to approve the minutes of the regular meeting of March
14, 1996, and Special Meeting of March 21, 1996, as recorded and submitted in written
summation to each member. The motion was duly seconded and carried unanimously,
ITEM #6 - Action Items
at Review and action on Employee Requests for Years of Service Pension
1) Edwin D. Hooper - Fire LIeutenant, Fire Department - 20 years of service designation -
. hazardous duty provision
Member Clark moved to approve a Years of Service Pension for Edwin D. Hooper.
The motion was duly seconded and carried unanimously.
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b) Approval of New Hires as Pension Plan lV1embers
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Human Resources Director Michael Laursen said he had reviewed all physician
recommendations and reported all listed new hires meet Pension Plan criteria.
Member Clark moved to accept the folfowing employees into membership in the
Pension Plan:
Janet Bennett, Accounting Clerk 111 Gas System
Michael Burns, WWTP Operator Trne Engineering Dept./WPC
Daniel Mayer, Rsrch Environmentalist Engineering Dept.
Kimberly NgTang, Police Comm Opera Police Department
Derek Pike, Sys. Analyst Programmer Information Mgt. Dept.
Greg Renaud, Police Comm. Operator Police Department
Date of
EmolClvment
03/18/96
03/04/96
03/04/96
04/01/96
04/01/96
04/01/96
Pension
Elia. Date.
03/18/96
03/04/96
03/04/96
04/01/96
04/01/96
04/01/96
The motion was duly seconded and carried unanimously.
ITEM #6 ~ Pendina Business
a) Claim of Kathy Jenkins on behalf of Latisha Renae Carey, a minor. for Survivor Benefits
as the daughter of Robert Mouzon, deceased - Not present
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Mr. Laursen reported the City Commission authorized the PAC to go to court to
. protect the fund's integrity as this case has multiple claims. Assistant City Attorney Leslie
Dougall-Sides said the court would determine paternity. Only Mr. Mouzon's children, who
were under 18 at the time of his death, qualify to make a claim,
b) Discussion of procedures for processing employee disability pension requests
Mr. Laursen distributed a draft of the PAC Policies and Procedures Manual. When
approved, the manual will codify standard procedures for approval of regular years of
service pensions, disability pensions. the organization of the PAC, and PAC powers and
duties. The PAC provides copies of the manual to the unions and departments to educate
employees.
Mr. Laursen requested the PAC review the section on processing disability pension
requests. The proposed five-page pension request form requires employees to provide a
substantial amount of information. He described the proposed process: 1) applicant
submits completed form; 2) legal department prepares set(s) of interrogatories based on
application; 3) staff refers applicant for IME (independent medical examination) and
occupational assessment; and 4} PAC hearing. Ms. Dougall-Sides assisted with developing
procedures but the City Attorney has not provided final endorsement. Mr. Laursen
recommended requiring employees to present two statements from medical doctors
supporting their claims for disability pensions when submitting their application. He
recommended IMEs be required automatically. The previous committee had ordered IMEs
at their discretion.
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Mr. Laursen referred ta If 1, Eligibility far Disability. In answer ta a question, he
proposed the reassignment of disabled employees to other jobs should be addressed
following PAC's determination that employees are disabled and cannot perform their job.
The City then can indicate an alternative job is available in lieu of drawing a disability
pension. The PAC only determines the existence of a disability.
It was questioned if the "habitual use of drugs" refers to tobacco use. Mr. Laursen
said the intent is to address illegal drugs. It was noted smoking can contribute to some
disabilities. Ms. Dougall-Sides said some municipalities have enacted ordinances
restricting the initial employment of smokers.
Mr. Laursen reviewed #2, Gensral Exclusions, which also are listed in the
ordinance. He referred to #3, Pre-existing Injury/Impairment, noting a pre-existing
injurylimpairment cannot be the basis for a disability pension. Concern was expressed the
City identify pre-existing conditions and conform with ADA (Americans with Disability Act)
regulations. There was discussion regarding employees' physical examination forms and
whether there is a need to list limitations to be reviewed when they change positions. It
was felt employees may rely on the City to protect them from performing activities that
would aggravate pre-existing conditions. It was suggested the City recommend limitations
and note these recommendations in the employee's personnel file.
Mr. Laursen reviewed procedures. Applicants are responsible for supplying
information and documentation required by the proposed application. Consensus was for
employees to continue submitting statements from two medical doctors, supporting their
claim, when submitting their applications for a disability pension. In answer to a question,
Mr. Laursen said an IME is important because the doctor is independent and contracted by
the City. It was suggested a specialist in the field of the employee's affliction perform the
IME. Language indicates the City bears the cost of an IME. As some evaluations are
based on diagnostic tests, it was suggested the IME reinterpret invasive tests rather than
ordering new ones. Mr. Laursen recommended a proviso indicate additional tests can be
ordered if the IME physician states they are necessary. Ms. Dougall-Sides said the IME
doctor would have access to previous tests results because the employee would have
already signed a medical release form. It was suggested the release form language clearly
state that all consultation notes, diagnostic test results, etc. are included in the release.
Mr. Laursen said the Legal Department will develop interrogatories based on
responses to application questions and lME results. More than one set of interrogatories
may be required. The Occupational Assessment is designed to identify work capabilities.
In reference to #4, Hearings, it was noted more than 10 days lead time may be
needed to agenda a disability request. This issue will be addressed at a future meeting,
Mr. Laursen said the proposed Hearing process was tailored after Civil Service
Board hearings which are not highly tschnical. He recommended rules be consistent,
informal, and fair. The PAC establishes time limits. Mr. Laursen recommended limits of
30 minutes for presentations, 1 5 minutes for rebuttals, and 5 minutes for summations. He
said additional time may be required for complicated cases and recommended establishing
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The PAC will discuss forms at a future meeting. In answer to a question, Ms.
Dougall-Sides said the Legal Department had signed off on the forms drafted by Human
Resources. It was recommended the City determine pre-existing medical conditions during
pre-employment physicals. It was suggested the PAC review current physical examination
forms and determine if they adequately identify pre-existing medical conditions. In answer
to a question, Mr. Laursen said the current pre-employment physical includes a generalized
medical history. It was suggested that new hires be screened more carefully.
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time limits prior to meetings. A suggestion was made to limit all presentations to 15
minutes, with 10 minute rebuttals. Concern was expressed those limits may be inadequate
as tho decision will affect the remainder of the applicant's life. Mr. Laursen said applicants
can divide their time with their attorney. The City, likewise; can divide time among staff.
Mr. Laursen said the proposed rules allow requests to be continued to allow PAC
members to obtain additional information they feel is relevant, It was recommended that
language in 114m refer to job or non-job connected disabilities. The PAC will determine if
an employee is disabled and if that disability is job related. It was noted the City can
require disabled employees to accept alternative employment.
It was noted Police and Fire staff's scope of activities often is determined
instantaneously and sometimes results in injury.
ITEM 117 - Director's Reoorts
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Mr. Laursen stated the next two meetings are scheduled for May 9 and June 13,
1996, at 9:00 a.m. A 1996 schedule will be distributed.
ITEM #8 - AdJournment
The meeting adjourned at 9:50 a.m.
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Pension Advisory Committee
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