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09/12/1996 ., '.1"', '.' . ...~..,.". '. . '..~.:\ ~L1~'.'~"':'" ;'. :::'.,'.~, .~. ..,:....,. L'I , '.:,' .~, ,''''.' ".:' .\ '.'~' .', ',:.': '" :, ',::. , ~ , , , ,- . . :./ .flr. : .:\ ~;::~jt:/::'\~~-:.:,,:.~:.:. '''.'<' . .... , ',. " , I"."" .,. ': ,j I. . PAC , Pension Advisory Committee Minutes Date )~C)C) } . " ',,' '~' " ,,',' ' !, ,,", '.~ ",: "", "',',' .,' ",,'.: '. ,,'..., ,,'., .. , "" , " ":',,;' ,,' ': ,':,'. ',,', , - ' " '. :'. l' ',' ...... "&:~I' '::' ' , .' . '. ":', - 4' I I ' "i' ..--' . 'I, ',,'. I',., .' Present: Rita Garvey J. B. Johnson Richard Breest Robert Clark Pat Greer Dick Fitzgerald Pat Shepler Leslie Dougall-Sides Michael Laursen Patricia o. Sullivan Chair/Mayor Vice Chair/Commissioner Committee Member Committee Member/Commissioner Committee Member Committee Member Committee Member Assistant City Attorney Human Resources Director Board Reporter I~ PENSION ADVISORY COMMITTEE CITY OF CLEARWATER September 12, 1996 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 discussed In that order. ITEM #2 - Aooroval of Minutes Member Johnson moved to approve the minutes of the regular meeting of August 8, 1996, as recorded and submitted in written summation to each member. The motion o was duly seconded and carried unanimously. ITEM #3 - Emolovees to be Heard Lois Maroon The PAC (Pension Advisory Committee) had requested staff recommendations regarding this issue. Human Resources Director Mike Laursen reviewed Lois Maroonts case. Ms. Maroon had resigned her position. Before withdrawing her resignation, she reached age 45 and no longer qualified for Pension Plan membership. After the age qualification subsequently was discontinued, Ms. Maroon bought back the years she worked prior to her resignation. Her request is for the 4 years and 4 months she worked for the City between the time she withdrew her resignation and the time the age qualification was dropped. Mr. Laursen indicated his initial proposal to staff that Ms. Maroon pay approximately $20,000 to buy-back the 4 years and 4 months was based on the amount of money the City had paid Social Security on her behalf and the amount of pension payments she would have paid to the Plan during that time. Staff found that proposal inconsistent with the Pension's policy and related ordinance. The current Pension Plan requires the buy-back to equal the actuary equivalent of the pension's value. Actuary Steve Metz had computed the actuary equivalent for the 4 years and 4 months at ,~ mpac09.96 1 09/12/96 .' ,~~ ,I $86,000. Concern was expressed it would be unfair to employees who might qualify for buy-backs if Ms. Maroon is not required to pay the actuary equivalent. The PAC discussed the issue of consistency and that the Pension Plan must treat all employees fairly and consistently. Concern was expressed that charging Ms. Maroon less than the actuary equivalent for her buy-back would create future problems. Member Johnson moved to follow the policy outlined in the Pension Plan and that Ms. Maroon and all qualified employees must pay the actuary equivalent for buy-backs. The motion was duly seconded and carried unanimously. Concern was expressed the PAC had not been notified Ms. Maroon's case was to be heard at today's meeting. ITEM #4 - Action Items a) Review and Action on Employee Requests for Years of Service Pension 1) John D. Eastridge - Deputy Police Chief, Police Department - 20 years of service designation. hazardous duty provision Member Clark moved to approve a 20 Years of Service Pension for John D. Eastridge. The motion was duly seconded and carried unanimously. (,.Ji;t\ d ~j' ~rI .." ~. 2) Eugene T. Cavaliere - Police Sergeant, Police Department - 20 years of service designation. hazardous duty provision Member Fitzgerald moved to approve a 20 Years of Service Pension for Eugene T. Cavaliere., The motion was duly seconded and carried unanimously. b) Review and Action on Employee Request for Non-jab-connected Disability Pension 1) Thomas Murray - Meter Reader, Finance Department Mr. Laursen reported Mr. Murray had requested the PAC hear his case before the end of September. Mr. Murray has exhausted his benefits and currently is in a non-pay status. In response to a question, Mr. Laursen said Mr. Murray had his IME (Independent Medical Examination), skills assessment, and answered City interrogatories following his July 1 996, application for a disability pension. The PAC has at least 10 days to study the file which was distributed late last week. Concern was expressed the PAC not establish a precedent by scheduling a special meeting. Consensus was to hear Mr. Murray's request for a non-jab-connected disability pension at the October 10, 1996, PAC meeting. c) Approval of New Hires as Pension Plan Members Q mpac09.96 2 09/1 2/96 Pension Elia. Date. 07/08/96 08/19/96 08/19/96 07/08/96 07/08/96 07/08/96 06/24/96 07/08/96 07/08/96 08/05/96 07/08/96 08/19/96 08/19/96 07/08/96 08/19/96 08/19/96 07/08/96 07/08/96 07/08/96 07/08/96 /"} Mr. Laursen said he had reviewed all physician recommendations and reported all listed new hires meet Pension Plan criteria. Member Johnson moved to accept the following employees into membership in the Pension Plan: l"'~~' f.",." . ...~. Date of Emolovment Holly Albright, Library Assistant Library 07/08/96 Diane Bass, Police Comm. Operator Police Department 08/19/96 James Belcher, Maintenance Worker I Parks & Recreation Dept.08/19/96 Benjamin Coccia, PubWorks Svc WrkrlPublic Works Dept. 07/08/96 John Fellenbaum, Police Recruit Police Department 02/05/96 Cathleen Gill, Police Recruit Police Department 07/08/96 Peter Johnson, Maintenance Worker I Parks & Recreation Dept.06/24/96 Patricia Loblein, Library Assistant Library 07/08/96 Anthony Monte, Police Recruit Police Department 07/08/96 Herbert Mosse, Utilities Chemist Engineering Department 08/05/96 Brenda Moses, Board Reporter City Clerk Department 07/08/96 Estrella Murphy, Police Svc Tech. Police Department 08/19/96 Craig Murray, Recreation Leader Parks & Recreation Dept.08/19/96 Christopher Precious, Police Recruit Police Department 02/06/95 Jada Rodenberger, Police Svc. Tech. Police Department 08/19/96 James Wade, Maintenance Worker I Parks & Recreation Dept.08/19/96 James Walser, Police Recruit Police Department 07/08/96 Paul Wassen, Container Maint. Wrkr. Solid Waste Department07/08/96 Marilyn Young, Staff Assistant I Engineering Department 07/08/96 Michael Zimmerman, Police Recruit Police Department 07/08/96 The motion was duly seconded carried unanimously. ITEM #5 - Pendina/New Business Robert Mouzon Mr. Laursen referred to Assistant City Attorney Dick HuWs presentation at the August 8, 1996, meeting regarding distribution of Robert Mouzon.s estate. As an. additional claim may be filed, the Legal Department has recommended delaying distribution of Mr. Mouzon.s benefits. Ernest Thomas Mr. Laursen referred to Ms. Dougall-Sides September 6, 1996, memorandum addressing Pension Plan benefits for deceased employee Ernest Thomas. Mr. Thomas had not listed a spouse nor dependent children under eighteen on his non-job~connected disability request. City records do not list a spouse or dependent children. The plan states if no beneficiary is designated when an employee dies, the employee's estate receives the l ".X V mpac09.96 3 09/12/96 ,~~ t.\"Sf Mr. Laursen recommended sending an annual form to all employees receiving disability pensions requesting they list employment and report on their medical status. If the PAC expresses concern regarding a medical status, that person could be sent for an IME. The PAC may not wish to investigate employees with deteriorated health. It was suggested qualifying employees submit annual medical statements from their doctor. Mr. Laursen stated in collective bargaining discussions with the unions, it was agreed only employees with disabilities approved after January 1, 1996, would be subject to being called back to work. He indicated language regarding non-job connected disabilities is not affected by this agreement. Employees with non-job connected disabilities are considered disabled only as long as their disability exists. ') total contributions the employee made to the Plan plus 6% simple interest. She suggested staff may attempt to contact surviving relatives regarding the estate. Ms. Dougall-Sides reported no probate case has been filed. Claims must be filed within one year. Mr. Laursen said staff has no information regarding relatives. Ms. Dougall.Sides suggested before taking action, the City see if a claim is filed. If not, she will issue an opinion regarding Mr. Thomas' contributions. She indicated the funds could revert to the Plan. ITEM #6 - Director's Recorts a) Discussion of Draft of Periodic Examination and Call-Back Procedures Mr. Laursen distributed a revised PAC procedure draft for pension entitlement, re. exam, and call.back. He will meet with Ms. Rice and Ms. Dougall-Sides regarding modifications they recommend. He requested input from the PAC and planned to incorporate comments in the final draft to be distributed at the next meeting. Concern was expressed it will be difficult for Human Resources to compare job skills with job openings once the number of disabled employees increases. It was suggested quarterly review by Human Resources may be too time intensive. Mr. Laursen recommended quarterly review until numbers become unmanageable. It was recommended the Human Resources Department develop a streamlined process based on physicians' diagnosis, tying reviews to disabilities. It was suggested that Human Resources forward call-back recommendations to the PAC. Mr. Laursen said even disabled employees who move out of town are subject to call-back. Those who refuse could forfeit their pension. In answer to a question, Mr. Laursen said pension recipients currently are required to complete a notarized annual entitlement form which is mailed to them every January 1 . Hearing Process It was questioned if previous tobacco use or alcohol abuse can be factors at disability hearings. Ms. Dougall-Sides said disabilities cannot be granted for pre-existing conditions. The plan identifies disqualifying behaviors including habitual or excessive use of drugs, intoxicants, or alcohol. She said the PAC may consider smoking as a factor o mpac09.96 4 09/12/96 i 1/ . '. . "" "," :..,r~,,:i(i:~::Y!{:~~f;Wl{}"\i:, ;i;',/! ',,;< , :: t, " "", , , ' ~ although the plan does not identify it. She stated the PAC could make a quasi~medical ""J judgment that smoking contributed to an alleged disability. If the PAC finds a disability was occasioned primarily by an excessive use, the committee would have to determine the . use of drugs caused the condition being claimed. ITEM #7 - Adjournment The meeting adjourned at 9:45 a.m. Chair Pension Advisory Commit e ,1 ,\ (~ wl:l ] I" o mp8~09.96 5 09/12196 I.: "" ..1 .