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06/13/1996 (2) f' l '. '..... ..' . .',.. I .~ I ~ .... .' . -t. ,I.. . .' .. " , ". ' . .' ~ \ I .' . " . . . . . ," . I' , " " . . ,I.' . " . , . ". .' . .' ,:,~~"",,,,,,,,,"'~1I"''''1..', r'r~~'<"i:': ,,,,. ....;' "';."",:~"'''C': ~~..,.L., '. '. " ~ . + l . I'" . . , . " , , I' I ' PAC Pension Advisory Committee Minutes Date, " )I.oVJ3 , ." " Ii \ ' ~ . . . .' l' \ \ ' , " ...' ,', " " " "':'_' .' "", j'1',:',' ','. ,'..',<".':':'"..,'.""':1,',,_' ',':,.,.",~..~~~" ~,'~,',~". :""...'":.,, ..,".:,',:::..,':' ,.' , \ I,' .' '\ . I ' .' 'f' I ' ,:- I .,.. ' , " I " I" ~ . :It:a....2 \," . '-I " , " " . ~. r . . . _....__.., ..... . I ..- ."__ .._..-.........__....'-" Absent: Richard Breest Committee Member " T . \ . . .' '..': ~. ' , " , I~ 1 PENSION ADVISORY COMMITTEE CITY OF CLEARWATER June 13, 1996 Present: Rita Garvey J. B. Johnson Robert Clark Pat Greer Pat Shepler Dick Fitzgerald Leslie Dougall-Sides Michael Laursen Patricia O. Sullivan Chair/Mayor Vice ChairlCommissioner Committee Member/Commissioner Committee Member Committee Member Committee Member Assistant City Attorney Human Resources Director Board Reporter The 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 discu~~ed In that order. ITEM #2 - Aooroval of Minutes fJ.~ '1.$0./ Member Johnson moved to approve the minutes of the regular meeting of May 9, 1996, as recorded and submitted in written summation to each member. The motion was duly seconded and carried unanimously. ITEM #3 - Emolovees to be Heard a.) Jerry Lovett - Request to Buy back Pension Service Credit Staff has forwarded a request to Mr. Metz for computations regarding Mr. Lovett's , request. After figures are returned, Mr. Lovett will decide if he wishes to pay the cost to buy back the credit. PAC (Pension Advisory Committee) members discussed the term IIbuy-back." Human Resources Director Michael Laursen said the Pension Plan requires employees qualifying for a "buy-back" to pay the greater of two options: 1) money paid in and received when they left employment plus 5% interest or 2) the benefits' present value. The PAC discussed whether they could approve an employee buying back a portion of time. ITEM #4 - Action Items a) Review and action on Employee Requests for Years of Service Pension 1) Althea Anderson - Library Division Manager, library - 20 years of service designation l .,..;.Y') '-" mpac06.96 1 06/13/96 .. ~ Member Johnson moved to approve a Years of Service Pension for Althea Anderson. The motion was duly seconded and carried unanimously. 2) Roy Sattinger - Engineer III, Engineering Department - 20 years of service designation Member Johnson moved to approve a Years of Service Pension for Roy Settinger. The motion was duly seconded and carried unanimously. , 3) Dennis Angelo - Police Officer, Police Department - 20 years of service designation - hazardous duty provision .,/' Member Clark moved to approve a Years of Service Pension for Dennis Angelo. The motion was duly seconded and carried unanimously. 4) Basil Reid - Systems Analyst/Programmer II, Information Management - 20 years of service designation Member Johnson moved to approve a Years of Service Pension for Basil Reid. The motion was duly seconded and carried unanimously. b) Review and Action on Employee Requests for Vesting Pension (~~ ~. ,( 1) Carolyn Carrasquillo - Police Officer, Police Department - Members discussed Police Officer Carolyn Carrasquillo's request to vest her Pension. Ms. Carrasquillo will receive a pension based on her 18 years of service, or 49.5% of her average salary for her last 5 years, effective June 1998, when her normal retirement would have occurred. In answer to a question, Mr. Laursen said according to standard procedure, if a vested employee dies before collecting a pension, contributions are distributed to the estate. Ms. Carrasquillo will not be required to select a pension payment option until at least one month before her retirement date. Member Johnson moved to approve a vested rights pension as provided by Section 2.397 of the City Code of Ordinances for Carolyn Carrasquillo who served the City from June 19, 1978, to July 5, 1996. The motion was duly seconded and carried unanimously. t c) Approval of New Hires as Pension Plan Members Mr. Laursen noted he and Member Greer reviewed the physicals for each new hire. One new hire, qualified to perform his job, has poor depth perception. It was noted he may not qualify for the next classification level which requires a CDL license that requires a minimum of 50% depth perception. Human Resources will send a memorandum requesting the Director of Public Works to review this issue with the employee and asking the employee to sign the memorandum in acknowledgment. o mpac06.96 2 06/13/96 " Pension Elig. Date. 04/29/96 05/28/96 05/13/96 05/13/96 05/28/96 05/13/96 04/29/96 OS/28/96 05/28/96 OS/28/96 05/28/96 05/28/96 05/06/96 05/13/96 05/28/96 '~ Consensus was for employees to be apprised when it is evident limita.tions may impact their ability to be promoted. It also was noted some conditions may be correctable. Mr. Laursen said employee physical and medical information is filed in employee personnel folders with medical information in a sub-folder. Mr. Laursen referred to a recent reporter complaint and explained preparing an employee's file for public inspection is a time intensive process. Staff encourages interested parties to request specific information rather than examine an entire employee file. Member Clark moved to accept the following employees into membership in the Pension Plan: t~J$, n~~ Date of Emolovment Andrew Blauvelt, Pub Wrks Svc Wkr I Public Works Dept. 04/29/96 Kevin Cobb, Mechanic Fabricator General Services Dept. OS/28/96 James Gearhart, Maintenance Wkr I Solid Waste Department05/13/96 Fred Grunden, Senior Electrician Parks & Recreation Dept05/13/96 Robyn Haywood, Firefighter Fire Department OS/28/96 Michael Jordan, Solid Waste Worker Solid Waste Department05/13/96 Michael Laterza, Recreation Leader Parks & Recreation Dept 10103/94 Richard Lovely, Gas Technician I Gas System 05/28/96 Stephen Miller, Gas Technician I Gas System 05/28/96 Kevin O'Connor, Firefighter Fire Department 05/28/96 Marvin Pettingill, Firefighter Fire Department OS/28/96 Mark Plyler, Gas Technician I Gas System 05/28/96 Debra Reid, Staff Assistant I Central Permitting Dept. 05/06/96 David Sopko, Tradesworker I General Services Dept. 05/13/96 Larry Williams, Firefighter Fire Department OS/28/96 The motion was duly seconded. In answer to a question, Mr. Laursen said new hires are on probation for six months except for Police and Fire employees who are on probation for one-year. Unclassified employees have no probationary period. It was noted minor health problems and falsifications may be uncovered during the probation period. Upon the vote being taken, the motion carried unanimously. ITEM 115 . Pending/New Business a) Pension Election Committee Mr. Laursen stated Member Shepler's term expires June 30, 1996. The ordinance states 60 days prior to the election of an employee.elected member, the employee~elected members will appoint a committee to run the election with assistance from the City Clerk Department. With respect to Mr. Shepler's term expiration, the employee-elected ,:) mpacOG.96 3 06/13/96 " ,~ .' members did not receive timely advice regarding their need to appoint a committee. For the last 10 to 1 5 years, employee elections have followed a process: 1) the previous PAC, consisting of employees, asked each Union to appoint a designee to the committee; 2) a SAMP designee was appointed; and 3) the 5-person committee met with Assistant City Clerk Sue Diana to map out election time frames, etc. To expedite the current process, Mr. Laursen designated Angie Aldrich as the SAMP representative and sent a memorandum to the unions requesting they make appointments for the unions. Assistant City Attorney Leslie Dougall~Sides expressed concerns the PAC could not ratify Mr. Laursen's actions using his memorandum's retroactive date and recommended PAC employee~elected members choose election committee members today. Mr. Laursen stated employees normally are balloted by mail and little committee oversight of the election process is necessary. Consensus of the present employee-elected members was to accept the election process outlined by Mr. Laursen. It was questioned if Mr. Shepler's term will continue until a replacement is elected. Ms. Dougall~Sides said the ordinance does not address that issue but the term's end has been established. Mr. Shepler said he wished to continue on the committee. In answer to a Question, Mr. Laursen said the election cannot be held before August 12, 1996, 60 days from today. If only one candidate is nominated, that person is declared the winner and no election is required. ,:V.lii\ Buv-backs t:,,:,,~f Regarding Library Branch Manager Los Maroon, Mr. Laursen reported Mr. Metz computed the present value of the subject 4 years and 4 months of time she seeks as pension service credit at more than $86,000. With respect to a Social Security off-set. Mr. Metz suggested the Social Security payments could be handled in different ways, e.g., Ms. Maroon could repay the money the City had contributed to Social Security. Mr. Laursen stated Ms. Maroon request to be credited the time without payment on her part is based on the uniqueness of the situation. She feels she should not have been denied inclusion in the plan. He referred to a May 25, 1995, letter from Mark Hanley of Thompson Sizemore which indicates Ms. Maroon has a good position. Ms. Maroon had resigned after working for the City for 8 years. She withdrew her resignation within the 6- month period established by City policy to restore benefits and adjust her seniority date. At that time, the Pension Plan was limited to new hires under age 45. Ms. Maroon had her 45th birthday during her absence. When she returned to employment, the City determined she could not reenter the plan. Ms. Maroon returned to the plan approximately 4 years later when the age 45 limit was rescinded and bought back her previous 8 years of service. Ms. Maroon had appeared before the PAC upon her return and had requested acceptance into the plan. She had addressed the PAC at least two more times over the years requesting the four year, four month service credit for pension. Mr. Laursen o mpac06.96 4 06/13/96 Discussion ensued regarding Social Security coverage and offsets against pension. It was suggested if the PAC approves crediting Ms. Maroon, the Committee needs to resolve if Ms. Maroon must make a contribution and if so, its amount. ''1 indicated in one instance, a previous PAC did not take a position and suggested Ms. Maroon take her request to the Pension Trustees. The Trustees did not take a position as they were bargaining with the unions and resolving a lawsuit regarding the constitutionality of the 45 year age restriction. Ms. Maroon did not participate in that lawsuit. Ms. Dougall-Sides agreed Mr. Hanley's letter is favorable to Ms. Maroon's request but does not address what contributions she should make. The letter states Ms. Maroon should be given "credit" but does not define that word. It was questioned if Ms. Maroon is the only City employee In this situation. Mr. Laursen indicated Ken Donagan's request has some similarities. Concern was expressed these employees were penalized by previous City practices which may be subject to other interpretations. Concern was expressed the PAC not set a precedent that will harm the Pension Plan. Consensus was for Mr. Laursen to review and compare the situations of Ms. Maroon and Mr. Donagan. (:d Regarding Mr. Donagan's case, Ms. Dougall-Sides felt the statue of limitations has expired for him to challenge the plan's refusal to credit him for previous employment in return for accepting his returned pension contribution. It was stated changes to the plan relate to issues occurring after the change and should not be retroactive. Concern was expressed statutes of limitation sometimes relate to date of discovery. Ms. Dougall-Sides said Mr. Donagan discovered the age limit when he tried to return to work. It was suggested Mr. Donagan may not have had an appeal option then. It was recommended staff report on any similar cases before the PAC reaches a decision. Mr. Laursen noted Ms. Maroon's request was submitted before the PAC's July 3, 1996, deadline. Decisions are not required prior to that date. He suggested meeting with Ms. Dougall-Sides, Finance Director Margie Simmons, and Mr. Metz to develop staff recommendations regarding Ms. Maroon and Mr. Donagan. Mr. Laursen said since the buy-back memorandum was distributed, the Human Resources Department has received verbal and written inquiries. He outlined 3 scenarios: 1) before acceptance into the plan, some employees worked for the City for six months and did not contribute. A past court case established a "window of opportunity" for those employees to buy back those six months. Now, some employees, who did not act within that "window of opportunity," have indicated they wish to buy back that time; 2) in past years, same employees were not accepted into the Plan due to medical reasons. An employee in this situation has indicated a desire to buy back two years; and 3) an employee who did not participate in the Pension lawsuit but was denied acceptance into the plan due to age at time of hire, has indicated he wants to buy back time. Mr. Laursen felt none of these scenarios relates to the PAC's direction regarding "buy-backs." u mpac06.96 5 06/13/96 " J ,.~ ~ Consensus was the "window of opportunity" to buy back six months of initial employment not covered by the plan has closed. Mr. Laursen recommended: 1) the PAC not allow employees to buy back time if they were denied acceptance in the plan due to medical conditions; 2) the PAC define which situations they will review; 3) employees denied initial entrance into the plan not be permitted to "buy-baqk" into something they never were part of; and 4) staff develop recommendations before requesting Mr. Metz compute the present value of buy-back costs for each request. Buv-back information distribution Mr. Laursen reported a memorandum regarding the buy-back was distributed May 16, 1996, and later re-sent to payroll preparers and all Department Directors for circulation or posting on bulletin boards. The next City Reflections will report on the issue. ITEM #6 - Director's Recorts Pension Manual (:~ Mr. Laursen said the Procedures manual may be amended from time to time after its approval. Additions also will be made. The Deputy City Manager has requested Mr. Laursen develop a procedure to address the plan's call-back feature. Staff will present a drafted procedure to the PAC. A procedure outlining vesting pensions also needs to be developed and added to the manual. Regarding disability hearing procedures, the Chair requested the Legal Department to provide a list of rules for use during quasi-judicial hearings. Recent coverage of local Pension Plans Mr. Laursen reported the May issue of Duality Cities reprinted articles from the St. Petersburg Times regarding the pension plans of Clearwater and other local cities. Disabilitv Pension crocess Mr. Laursen reported two employees have requested information regarding the new disability pension procedure. Neither employee has yet returned the application form or doctors' letters. One disability request relates to a job-related disability. The other does not. Mr. Laursen is awaiting reply from Morton Plant/Mease Hospital regarding IMEs (Independent Medical Examinations) and occupational assessments so staff can make IME referrals when application forms are submitted. Commission-elected member terms u I mpac06.96 6 06/13/96 The meeting adjourned at 10:15 a.m. .:'. .', u. " ~" .;"::,Ic,,>:, .'. < . '<~. ":.., 'e ~:-,J " . . ,~ Mr. Laursen stated the City Commission needs to establish the Commission-elected member terms. Mr. Laursen had recommended the City Manager address this issue at a future City Commission meeting. Local television station inauirv Mr. Laursen said a local television station has been following City spray technician crews. He met with the reporter and explained the PAC's duties. He referred to the PAC's approval of a non-job connected disability for Mr. Ford with the proviso that Mr. Ford can return for a job connected disability after he submits satisfactory documentation. The reporter also questioned the City's use of certain chemicals and met with Nursery Superintendent Mark Roether. Mr. Laursen said Mr. Ford's attorney had sent the City a letter which included thanks for allowing Mr. Ford the opportunity to return to the committee when ready with additional information. Emolovee concern Concern was expressed that vested employees are not provided information regarding the pension plan or accounting report. Mr. Laursen estimated six employees are vested. The Finance Department soon will issue the annual report, including the balance sheet, and distribute it to all active employees. He will report if vested or retired employees receive this report. PAC comments ,;~~ ~ ~""'J It was suggested the City Reflections article regarding buy-backs states information also was distributed to employees by memorandum. ITEM #7 - Adiournment Chair Pension Advisory Commit ,\) mpac06.96 7 06/13/96 - ..........h.,..+.....~I.,!o.'I'U~'~...~.f~..1H-...).:>';"J)~1fd.:l.~~~.c.:.;c.J.~..:> ~...,~ '... :.