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04/09/1998 (2)� ' . • ,� . , ' e � � �_ �. . ' � . . . � . ' . � ' � �. . . . ' � '� • � . , °'1°' �7r' . .. , ,. , . ... ....� . ., ••.� . , •: � . " ' � . .. . . . , . ' . . � " . • , , ' ' . .. t ' , F; � . � . .. . . � , , . - � • ' �. ,' _ . .s • ' , . � � . i: : . . . , ' . • ,. ,,: , , . � . , . . ��::.: ,� � � . � . ° , � P�nsion Ad�visory Commit�ee � � , ..� � -� � � � � � Niinutes - � � � - �. � � .. ;� �. . , , . .. ; �.; , ,.. �. , � . . . . . . . ,. . � . . . � ' � � . E � S . • ' . ' .� ,.1' � � • ' . � : � �D�t� � - :. , . . , , , � _ � ���. , � , � : � ,.; . , � � . . :., - � . . , . ,- - . .� . , . . .�. . � . - � },� . � , .._ . - �.��.� ..�� � ..� � . . . . , � � . . � � �. � � � .� .. ,.- .., : ., ,, .. . . , ; �.. , , .. . ,. , ., . :, . ,. , . . ,� S•, ' .. ' . . . . ' ° . .' ... . ' . �� , i • . . ' S . : , j '' � . . � � i . � ' . � ' � ' � ' � � , � . . � ' � ' , . . 1 . • � , y ' I � ' � 1 . � '' � , . . . 1 ' ' r �� � � . . , . . . . � ' . . . , � . ' ' . . � . � " � � ' . • . � . � . ' ' . '' . . . ' i i ' . . . . . . ° ' i . . . , . � �"'''c"�'.A,i,�r.sa�iwr.,:,r.�a.. • . . , ...�...w ....�.,....o .• . • ` . .. .... . . . .. . � � ._.� ....... ... . . .. ... . . _ ......�.�,... , �. . � ' S � : . . . . , • ' ' . � . � ' . . . . � . . ; � ! ,. � �. . ,� I. ' Present: p�NSION ADVISORY COMMlTT�� MEETING CITY �F CE.EARWATER A�ril 9, 1998 Rita Garvey ChairlMayor J. B. Johnson Vice ChairlCommissioner Robert Clark Committes MemberlCommissioner � Pat Greer Committee Member Pat Shepler Committee Member Johri Scacca . Committee Member Dicit Fitzgerald Committee Member - arrived 9:06 a,m. {foliowing �ote to reappaint) Leslie Daugall-Sides Assistant City At#orney Steve Rasenthal lnterim Human Resources Director Dobbie Ford . Human Resouress Tecnnician Patricia O. Sullivan Board Rep�rter The Chair called the meeting to order at 9:00 a.m. at City Hall. � To pro�ide continuity 'far research, itetns are in agenda order although not necessarily discussed in that arder. . ITEM #2 - Aapraval of Minutes . �� ',; -•� . Mem�er Johnson moved �o approve the minutes of the regular meeting of March 12, 1998, as recorded and suhmitted in written summatian to each baard member. The matior� was duly seconded and carried unanimausly. ITEM �3 - Emplovees to be Heard - None. � lTEM #4 - Action Items ai Re�iew and Action on Emplayee Requests far Years a# Service Pension 1 j William H. Zellner - Salid Waste Supervisar I, 5olid Waste Department 2j Jasper W. Campbell, Jr. -�irefighter, 1=ire Department - hazarclous duty provisian 3j Richard J. Jones - Public Service Super�isor, I, P�bf�c Worfcs Department 4j Cal�in Mitchum - Public S�rvices Technician II, P�blic Works Department Member Clark maved to approve Years af Service Pensions for William H. Zellner, Jasper W. Campbell� Jr., Richard J. Jones, and Calvin Mitchum. The motion was duly secandec! and carried unanimously. �mpac0498 , � a4109198 . ., ... i � ` : �1 r� b] Approval af New Hires as Pension Pkan Members Member Greer maved to accept the fioClowing employ�es into membership in thQ Pension Plan: Date vf Pension Empla�ment EEicL, Date. Catheri�e l�polito, Staff Assistant I Clearwater Gas System 03/02/98 '03/02198 .. Gary 5he#tal, Accaunting Clerk Clearwater Gas System �3102198 03/42/98 Karma Kiilian, Environ. Spec. Supv. Public WorKs Department 03/02/98 43/02/98 : Laura D'Amic�, Accountar�t Clearwater Gas System 03125l98 03/25/98 ��� � r1.''N� .:>. The motian was duly secanded and carried unanimously. ITEM #5 - Pendinct/New B�siness a� Appointment of Seventh Mem6er After �he M�rch 12, 1958, mesting, a memorandum was issue to cammittee ' members indicati�g Member Fitzgera�d's term expired on March 2i, 1998. As the City Commission will consider appointments ta t�e Pension Advisary Committee IPAC} at their next mesting, it was suggested it may be mare a�propriate ta cansid�r this issue on May 14, 1998. Consensus was to appoint the seventh meml�er toclay, It was suggested this position's tsrm be ex#ended slightly so future "se�enth member" appointments are made after the City Commission considers their representation. Member Johnson moveci to reappoint Dick Fitzgerafd. The motion was duly secanded and carriecE unanimously, b} Vesting Policy • Human Resaurces Technician Debt�ie F�rd revieweci the vesting pokicy and procedure drafted by f�rmer Human Resources Dir�ctor Mike taursen in 5eptember 1997. The drafted policy states Pensian Plan participants, with 7 0 or more years of continuous Pensio� ser�ice credit who by Plan provisions are �est�d, shall ha�e 6� days from separation tn submit either form: 1 j AppEication far Vested Rig�ts Pension or 21 Request for Refund of �mp[oyee`s Pension Contributions. if �a farm is submitted, the Payroll �epartment shaCi be au#horized to process a Pension refund payment to the farmer �articipant. Emplay�es who separate fram the City with less than 10 years of ser�ice, wiI! be refunded their Pension cantril�utions automatically if the Payroll Di�ision does not rece�ve a refund request within 60 days af their departure. Ms. Forci statad the City currer�tly has no vehicle to refund Pension contributions, Those who terminated after tkie January 1, 1996, change to the f'ension Plan, will reaei�e ''� mpac�498 S��j, . � . - .. .f 1� . .1 ., � , il 2 04/09/98 � � 5°�6 simple interest on their total cantrii�ution. Prior to 1995, the Plan had no prov�sion tn pay interest. Staff recommends approval af a procedure whereby the Pension Fund refunds participant cnntributions automatically if the Payroll Division does not receive, wf#hin fi0 days o� separation, art Application #or Vested Righ#s Pansion or Pensinn Re�und Request from participants who qualify for benefits, !n res�anse ta a question, Assistant C9ty Attorney �.eslie Dougall-Sides reviewed the pro�ision to pay interest on ref�nds incEuded in the new Pension Plan� effective .lanuary i, 1996, which s�ecifies ihe payment of 5% simple interest on the total refund, which i�cludes contributions made prior to '[ 996. Participants wha reco�er tf�eir �ension cantributions do nat quafify for ratirement benefits, Mem6er Greer maved to recommend the Pension Trustees apprave the proposed Vesting �'o4icy �ffecti�e May i'f 998, whereby Pension Plan participants, witf� 10 or mor� years af continuous Pension service credit who by Plan pravisions are vested, shaf! have 60 days from separation to submit either form: 1} Applicatian f�r Vested Rights Pensian or 2� Request for Refund of EmpCoyee's Pensian Cor�tributions. If no farm is submitted, the Payroll Department shall be authorized to process a Pensian refund payment ta the farmer participant. Employees, who separate fram the City with less than 10 years of service, wil! , be refunded their Pension contributions automatically i# the Payra�l Divisian does not receive a rafund request within BO days af their departure. The motion was duly seco�cier! rf and carried unanimously. �r , �.' "' ITEM #6 - �ir�:ctor's Re arts Thamas Pearson III In her April 7, 1998, memorandurr� to the PAC, Ms. Daugall-Sides referred ta City retiree Thomas Pearson's March 1 fi, 1998, ietter regarding a worker's compensation offset Risk Management �as sc�eduled to impfement beginning Aprii 1998. Due to the payment af wage loss benefits, Mr. Pearson`s tot�t payments o� worker's compensation plus pension benefits exceeded the amount alfnwed under warker's campensatian law, wi�ich is i 00% of the average montf�ly wage. To recoup the overpayment af $26,708.87, tha Ci�y is crediting 18.89 months of Mr. Pearson`s benefits ta the City. ln his letter, Mr. Pearson states the offset,will leave his family without an income and argues a portion of the manthly benefit in questian should not be withheld s�nce it represents an increased �enefit basecf on F�is depend�nt child, He requested the PAC rule on the amount of his pension bene�it and if the dependent child I�enefit was due his daughter. Ms. Dougall-Sides had reviewed the cases cited by Mr. Pearson, ca5e law, and the pensian ardi�ar�ce �nds� which Mr. Pearson recei�ed benefiis, and conefudad the ardinance provides for an increase in the existing ben�fit amount, as apposed to a separate benefit for dependent chilcfren Past practice has been to issue anly one mnnthly check made payable to tF�e pensioner. Case law does not suggest differently. Ms, Dougal!-Sides � mpac0498 3 �41D9196 1 � . •� � ��� 4 ,�,G- QI 0 concit�ded tha City is legally entitled to offset the entire manthly check amaunt p�ay��blQ to Mr. Pearson. � Ms. Dougall Sides said the question regarding child benefits was riot posecf to thc� courts. T�e Barragan vs. City of Miami case ruled workor's �campensation anr.� pansion benefits canno# equal more than 100°� af the average'monthEy wage. it was 5i��gc;stacl the PAC sho�tld have its awn attorney to advise the cnmmittee rsgarding conili�ts hQtw�t.n errtplayess and the F'lan. �t was felt the issue should be cantinued. Ms. Dougall Sides said the City had contacted Mr. Pearson regarcling th€s i�sue on January 17, i 997, He did not contact the PAC u�til March i 998. It was nated tf�r: dependent chi#d had not received ti�e entitlement directly. Ms. Dougall-Sicles said if ths intent for a separate k�enefit had exist�d in the, °pnsion Plan, a mechanism wauld havs boen astab�ished ta separate that k�enefit. fn respGns���to a question, Ms. Ford said Mr. Pearsor� had ir�dicated previous�y he would return th�:��e funds to tne City once he received Mis check for appraximately S 144,000 which covered worker's compensation ne was diae. Member Johnson moved ta accept staff recammendation to r�coup the overpayrr�ent o# $26,706.87 to Thamas F'sarson IIl by crediting 18.89 month5 of Mr. Pearsan's Pension benefirs to the City. The mation was duly seconded and carried unanimously. . PEacement af d'ssabled wo�kers Interim Human Resources Directo� Steve Rosenihaf reported 2 disabled em�lr�yse� t�ave beec� placed in City positions. Staff is v�o�r3;ing ���ith a third employse. H� not�d sorn� internai resistance by departments due to higi�er salary costs and concem� tHe subje�t emp[oyees may �oi perform at #�I! patEniial. Staff is drafting a poticy v�ith inc�ntivF� for departr�ents ta accept tnese a�►oricars ar�s� ir�tegrat� th�m i�t� �,pv� ja�,. Pi��in{� r�isablr=d tYarkers �� a�aiiablQ �ositior�s sas�es th� Q�r�s+or� Plan s�bst�ntial f��r�ds, The ne� PAC meetins� i� sch�dul�� f�r !�lay iG, i���. iT�#ti�9 �7 - Adio�r-r�mer�� Tfi� �ra��rr� �}�rra�d �t �3:�U a,ra�. ,Ar�S;:� ,��r ��� ���f ,, ��' � .Jv%�'i" / d/.�• i�!'.� � ��+'f)d�i �'i�'r?Q1Ti�i.-'T 1Rl�:r�Ct1�e•� , � r �� �� � },, � �3,'� � ���� fi��u ��nsiflrt �.�vas•�r;+ ��rs�mxtZ�� � '�I.q.�J,�J m :,