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· PENSION
(TRUSTEES)
Board of Trustees of the Employees'
Pension Fund
, Minutes
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27
ACTION AGENDA
Boiud of Trustees of the Employees' Pension Fund
January 19, 1999
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1;' ~all to ,Order - 9:33a,m.
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2. .Approval of Minutes: 12/7/98 - Appro~ed as submitted.
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3. Request for acceptance into membership: Phillip Cheek, Matthew Pippin, John A.
Walton 111, Franklyn. Campbell, Thomas Chaplinsky, & Tito Vieta - Approved.
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'. -, 4. Other Business
~) Discussion of Jeffrey Harper's first 4.5 years with City - see minutes.
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5.. J,\djourn - 9:58 a~m.
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TRUSTEES OFTHE EMPLOYEES' PENSION FUND MEETING
CITY OF CLEARWATER
January 19, 1999
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Present:
Rita Garvey
Ed Hooper
J. B. Johnson
Robart Clark
Karen Seal
Michael J. Roberto
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
Chair
'Vice:'Chair/Trustee
Trustee
Trustee
Trustee
City Manager
City Attorney
City Clerk
Board Reporter
The Chair called the meeting to order at 9:33 a.m. at City Hall.
T~ provide continuity for research, items are in agenda ord~r although not necessarily
discussed in that order.
ITEM #2 ~ Aooroval of Minutes:
Trustee Seel moved to approve the minutes of the December 10, 1998, meeting, as
recorded and submitted in written summation by the City Clerk to each Trustee. The
motion was duly seconded and carried unanimously.
ITEM #3 - Recuest for Acceotance into Membership:
,
The City Manager presented the recommendation of the Pension Advisory
Committee to approve membership for the employee(s) listed below:
Phillip Cheek
Matthew Pippin .
John A. Walton III
Franklyn Campbell
Thomas Chaplinsky
Tito Vieta
Trustee Johnson moved to accept the recommendation of the Pension Advisory
Committee. The motion was duly seconded and carried unanimously.
ITEM #4 - Other Business:
a) Discussion of Jeffrey Harper's first 4.5 years with City
On November 12, 1998, the City Attorney requested the PAC (Pension Advisory
Committee) review their previous approval of a Years of Service Pension for Jeffrey Harper.
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ATTEST:
Mr. Harper was not admitted to the Pension Plan during his first approximate 4.5 years of
. employment. No record indicates the reason or legal exclusion on which he was refused
admission. Upon his retirement, Mr. Harper entered into an agreement with the City that
enabled him to apply for pension based on his hire date. On November 12, 1998, the PAC
remanded approval of Jeffrey Harper's Years of Service Pension to the Pension Trustees for
a final decision.
In his January 15, 1999, letter, Steve Metz, the City's actuary, said if Mr. Harper
does not repay the 4.5 years of "missed" contribution of approximately $16,000, the
Pension Plan's funded status or City's contribution requirements would not be affected in a
meaningful way. In response to a question, the City Attorney said Mr. Harper would have
contributed to the plan had he been permitted.
Kelley Bosecker, the City's Ponsion Counsel, recommended approval of Mr. Harper's
request based on IRS regulations which require employers to "fix" pension problems caused
by employer errors.
Discussion ensued and concerns were expressed regarding the possibility of setting
a precedent and the need to treat Mr. Harper fairly. Ms. Bosecker said Mr. Harper's
situation is unique as his exclusion from the plan was not based on pension plan rules in
place at that time.
Mr. Harper offered to repay his "missed" contribution but did not believe it would be
fair to ask him to pay 30 years of interest. It was stated that would be a fair compromise.
Concern was expressed approval not subject the plan to legal jeopardy. The City Attorney
said that would not be case.
, Trustee See I moved to approve a Pension for Jeffrey Harper with Jeffrey Harper
paying the Pension Plan $16,368.81 to cover "missed" contributions during the period
from 10/27/69 to 6/29/74 and to add this same period of time to his service credit. The
motion was duly seconded and carried unanimously.
PAC Outside Counsel
The City Attorney reported the City had received three responses to a RFP (Request
for Proposals) issued for PAC counsel. New counsel will be appointed by March 1999.
ITEM #5 - Adiournment:
The meeting adjourned at 9:58 a.m.
01/19/99
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