12/12/1996 (2)
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PAC
Pension Advisory Committee
Minutes
Date
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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 - arrived 9:02 a.m.
Committee Member/Commissioner
Committee Member
Committee Member
Committee Member
Assistant City Attorney
Human Resources Director
Board Reporter
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PENSION ADVISORY COMMITTEE
CITY OF CLEARWATER
December 12, 1996
The Chair called the meeting to order at 9:00 a.m. at the Municipal Services
Building.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #2 - Approval of Minutes
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Member Greer moved to approve the minutes of the regular meeting of November
14, 1996, as recorded and submitted in written summation to each member. The motion
was duly seconded and carried unanimously.
ITEM #3 ~ Employees to be Heard - None.
ITEM #4 - Action Items
a.) Review and Action on Employee Requests for Years of Service Pension
1) Charles T. Marsh- Lead Operator, Engineering Department - 20 years of service
designation
Member Johnson moved to approve a 20 Years of Service Pension for Charles T.
Marsh. The motion was duly seconded and carried unanimously.
2) Michael J. Egger - Police Captain, Police Department - 20 years of service designation -
hazardous duty provision '
In response to a question, Human Resources Director Mike Laursen said when
employees retire, they are provided options related to separation pay preferences and
pension entitlement benefit payments.
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mpac12.96
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12/12/96
Date of
Employment
Pension
Elig. Date.
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Member Clark moved to approve a 20 Years of Service Pension for Michael J.
Egger. The motion was duly seconded and carried unanimously.
b) Approval of New Hires as Pension Plan Members
Human Resources Director Mike Laursen said he had reviewed all physician
recommendations and reported all listed new hires meet Pension Plan criteria.
In response to a question, Mr. Laursen said two new hires worked on a part-time
basis previously. Carol Richard was hired February 5, 1995~ She resigned on July 17,
1996, and did not withdraw her pension contributions. She withdrew her resignation on
November 25, 1996. Her hire and pension dates were adjusted to June 13, 1995.
Member Fitzgerald moved to accept the following employees into membership in the
Pension Plan:
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Will Moore, Maintenance Worker I
Jeffrey Harris, Sys. Analyst/Pgmr
Arthur Sprague, Accounting Clerk II
John Fredere, Solid Waste Worker
Barbara Downs, Staff Assistant II
Carol Richard, Maintenance Worker I
Ronald Sciarretta, Construction Coor.
Jacqueline Meinhardt, Library Asst.
Parks & Recreation Dept 11/11/96
Information Mgmt. 11/1 2/96
Gas Department 11/18/96
Solid Waste Department 11/25/96
Parks & Recreation Oept 02/05/96
Parks & Recreation Oept 06/13/95
Economic Development 11/25/96
Library 10/14/96
11/11196
11/12/96
11/18/96
11/25/96
11/25/96
06/1 3/95
11/25/96
11125/96
The motion was duly seconded carried unanimously.
ITEM #5 - Pending/New Business
a) Discussion & Request for Approval of Pension Entitlement, Reexamination, and Recall
from Disability Procedures
In response to a question, Mr. Laursen suggested a returning employee could not be
paid less than their range minimum even if it had incref.!sed above previous levels. The
Pension Plan does not state a returning employee cannot be paid less than the current
disability pension. It was noted the paramedic's base salary Includes the paramedic bonus.
Concern was expressed employees returning from disability leave and placed in positions
substantially below their job level at time of injury could be paid significantly more than co-
workers. Assistant City Attorney Leslie Dougall-Sides said if the PAC (Pension Advisory
Committee) finds someone is capable of performing a City job or is no longer disabled, they
have the option of recommending that employee return to work. It was noted funding for
disabled workers Is drawn from the Pension Plan while funding for employees is drawn
from the General Fund.
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Reference was made to Pension Entitlement Review and Re-examination Procedure,
sub-paragraph 3. Discussion ensued regarding the advantage of requiring statements and
recommendations from primary care physicians or specialists involved with the employee1s
ongoing care. Concern was expressed employees may shop for favorable opinions. It was
noted patients who do not agree with the opinion of their primary care physicians may seek
relief elsewhere. Ms. Dougall-Sides noted this section relates to continuing eligibility and
refers to requiring employees with previously approved disability claims to provide medical
evidence that their disabilities still exist. Concern was expressed that another step not be
added for pensioners.
Consensus of the PAC was for language in (31 subparagraphs to read, al The
medical opinion of their primary care physician or appropriate specialist who is following
the ongoing care of the pensioner and must be an M.D. or D.O. as to the existence of, and
continuing permanency of, the pensioners' illness or injury; b) That opinion to include
whether improvement in the employee's condition andlor ability to work is expected to
occur and, if so, what time period is projected for such improvement; and c} That opinion
to include the extent to which the injury or illness of the pensioner relates to his/her ability
to render useful and efficient employment services. No changes were recommended for
the last subparagraph.
In response to a question, Ms. Dougall-Sides did not think language addressing
compliance with ADA (Americans with Oisabilities Act) is necessary as the City is required
to comply with the law. It was suggested including language regarding difficulties
returning disabled employees may experience. Mr. Laursen said the City's standard ADA
(, policy addresses those concerns.
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In response to a suggestion, Mr. Laursen recommended against relating the Pension
plan to Social Security benefits. Ms. Dougall-Sides said Social Security standards regarding
disability differ from City standards and Social Security does not issue statements, upon
request, related to disability. Mr. Laursen said the PAC can determine an employee's
disability is permanent during any quarterly review.
In reference to Call Back (1 ), the majority agreed to leave in language indicating
someone with cardiomyapthy could be recalled to work after a successful heart transplant
operation.
Member Clark moved to approve the procedures draft regarding Pension entitlement,
reexamination, and recall as amended. The motion was duly seconded and carried
unanimously.
A corrected copy of the procedures will be forwarded to the PAC prior to the
January 9, 1997, meeting.
ITEM #7 - Director's Reports
Mr. Laursen reported he had sent a letter and related form to Donald McMullen, a
Police Officer on disability status, regarding his employment with the U.S. Customs Office
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The meeting adjourned at 9:54 a.m.
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as a canine officer. A copy of the reply, received December 9, 1996, was forwarded to
the Legal and Police departments. Mr. McMullen stated his current position is not
equivalent to that of a Police Officen he uses a passive, drug-sniffing dog in an airport
setting and does not have arrest powers. Mr. Laursen recommended the PAC refer this
issue to staff for review. A copy of Mr. McMullen's current job description was requested.
Mr. Laursen will notify Mr. McMullen, indicating the PAC is reviewing this information.
Dan Carpenter buy-back request
In response to a question, Mr. Laursen said he had requested the Finance
Department calculate the alternate computation regarding a buy-back for Oan Carpenter.
The actuarial value was less than the amount Mr. Carpenter received when he left his first
position with the City. Mr. Laursen will contact Mr. Carpenter with the information.
January 9, 1997, meeting
Mr. Laursen reported the January 1997, meeting will be held at the Municipal
Services Building.
ITEM #8 - Adjournment
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Chair
Pension Advisory Committee
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