12/08/2011
PENSION ADVISORY COMMITTEEMEETING MINUTES
CITY OF CLEARWATER
December 8, 2011
Present: Vice-Chair Tom Jensen, Committee Member/Councilmember John Doran, Committee
Member/Councilmember Paul Gibson, Committee Member Brian De Witt, Committee Member/
Councilmember Bill Jonson, Committee Member Daniel Slaughter
Absent: Chair Nathan Hightower
Also present: Stuart Kaufman - Pension Advisory Committee Attorney, Joe Roseto – Human
Resources Director, Patricia O. Sullivan - Board Reporter
1. Call to Order
The Vice-Chair called the meeting to order at 9:00 a.m. at City Hall.
2. Approval of Minutes
2.1 Approve the minutes of the November 29, 2011, Pension Advisory Committee meeting
as submitted in written summation.
Member Doran moved to approve Item 2.1. The motion was duly seconded and carried
unanimously.
3. Employees to be Heard: None.
4. Review and Action on Employee Requests for Regular Pension
4.1 Recommend approval of the request of employee Manuel Pandelos, Gas Department,
and Alan Ruud, Planning and Development Department, for a regular pension as
provided by Sections 2.397 and 2.398 of the Employees’ Pension Plan.
Manuel Pandelos, Gas Specialist, Gas Department
, was employed by the City on
February 17, 1981, and his pension service credit is effective on that date. His pension
will be effective March 1, 2012. Based on an average salary of approximately $58,039
per year over the past five years, the formula for computing regular pensions, and Mr.
Pandelos’ selection of the 100% Joint & Survivor Annuity, this pension will approximate
$47,959 annually.
Alan Ruud, Code Enforcement Inspector, Planning & Development Department
,
was employed by the City on August 26, 1996, and his pension service credit is effective
on September 23, 1996. His pension will be effective February 1, 2012. Based on an
average salary of approximately $46,780 per year over the past five years, the formula
for computing regular pensions, and Mr. Ruud’s selection of the 100% Joint & Survivor
Annuity, this pension will approximate $19,088 annually.
Section 2.397 provides for normal retirement eligibility when a participant has completed
thirty years of credited service, has reached age 55 and completed twenty years of
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credited service, or has reached age 65 and completed ten years of credited service.
Mr. Pandelos qualifies under the 30 years of service criteria. Mr. Ruud qualifies under
the age 65 and 10 years of service criteria.
Member Doran moved to approve Item 4.1. The motion was duly seconded and carried
unanimously.
5. Approval of New Hires as Plan Members:
5.1 Recommend approval of new hires for acceptance into the Pension Plan as listed.
Hire Date Elig. Date
Sari Shedd, Library Assistant/Library 10/25/11 11/05/11
Sean Bennett, Tradesworker/Solid Waste-General Services 11/21/11 11/21/11
Kyle Cresi, Gas Technician I/Gas 11/21/11 11/21/11
Karl Haeussel, Gas Technician I/Gas 11/21/11 11/21/11
Jose Betancourt, Gas Technician I/Gas 11/21/11 11/21/11
Peter Ellmore, Custodial Worker/Marine & Aviation 10/25/08 11/21/11
Jeremy Harrison, Gas Technician I/Gas 11/21/11 11/21/11
William Maxwell, Senior Beach Lifeguard/Parks & Recreation 11/19/11 11/19/11
Jamie Greene, Gas Technician I/Gas 11/21/11 11/21/11
Sari Shedd originally was hired October 25, 2010 as permanent part-time; promoted to
full-time and pension eligible as of November 5, 2011. Peter Ellmore originally was
hired October 25, 2008 as permanent part-time; transferred to full-time and pension
eligible as of November 21, 2011.
Member DeWitt moved to approve Item 5.1. The motion was duly seconded and carried
unanimously.
6. Pending/New Business
6.1. Set hearing date for Ann Kennedy Brown’s non-job-connected disability application
Human Resources Director Joe Roseto reviewed Ann Kennedy Brown’s application for a
non-job-connected disability and the requirements of the Code. None of the listed exclusions
applies. The City has no other meaningful work for her and does not contest the application.
Discussion ensued with comments that three doctors indicated that Ms. Brown is
disabled with no opportunity for improvement.
Member Doran moved to hear today Ann Kennedy Brown’s application for a non-job
connected disability. The motion was duly seconded and carried unanimously.
Member Doran moved to accept into evidence the entire file, inclusive of the personnel
file, interrogatories, medical records, and the IME (Independent Medical Exam). The motion
was duly seconded and carried unanimously.
Pension Advisory 12/8/2011 2
Member Slaughter moved that Ann Kennedy Brown is disabled due to a non-job-
connected sickness or injury, such disability is likely to be continuous and permanent from a
cause other than those listed as general disability exclusions, and such disability renders the
participant unable to perform any useful, meaningful, and necessary work for the employer in an
available position for which the participant is reasonably qualified or for which the participant
may be reasonably trained to perform. The motion was duly seconded and carried
unanimously.
6.2. Discuss application of Daniel McCue for a job-connected disability pension.
Mr. Roseto said the City stopped budgeting permanent light duty positions in the 1990s
and reviewed the process necessary to reinstate them. The PAC (Pension Advisory
Committee) can make policy recommendations to the Pension Trustees.
PAC Attorney Stuart Kaufman said all medical evidence, including the IME, suggests
that Daniel McCue is totally and permanently disabled. Pension Plan advocate Steve Cypen
found no contrary reports. He recommended the PAC take action on the application. Unless
the City has permanent light duty positions, the PAC has no choice but to find Mr. McCue totally
and permanently disabled. Evidence of a previous injury is insufficient to deny the application.
He suggested the PAC could order a second IME.
Discussion ensued with comments that the PAC does not determine City policy. In
response to a recommendation that a light duty assignment be considered, it was noted only the
City Manager and Police Chief have the authority to impose light duty. It was stated the PAC
should make a decision today as no evidence is available to deny the request. It was
commented that the committee needs time to prepare in order to meet its fiduciary responsibility
and that the full board should be present at a formal hearing.
Kenneth Afienko, representative for Daniel McCue, said the application was filed in early
2011 and the City has had all requested records for several months. He said while the incident
may seem benign, it led to a permanent injury. He said the IME and worker compensation
doctors all agree that Mr. McCue is disabled. He said Mr. McCue has cooperated with the City
and requested that the PAC resolve the issue today.
Member Gibson moved to schedule a hearing regarding Daniel McCue’s application for
a job-connected disability pension on February 9, 2012. The motion was duly seconded.
In response to a question, Mr. Roseto said Mr. McCue is working a light duty position
and is fully compensated. He spoke in support of the PAC doing their due diligence, stating that
delaying the hearing will not disadvantage the applicant. Mr. Cypen should attend the hearing.
Member Doran said on that date, he would be off the committee and his replacement will
not have been appointed. Discussion ensued regarding scheduling. Concern was expressed
that elements for approval will not change; the City has no permanent light duty positions.
Member Gibson moved to amend his motion to reschedule the January PAC meeting
and schedule the hearing regarding Daniel McCue’s application for a job-connected disability
pension on January 26, 2012. The seconder agreed. The motion to amend carried
unanimously.
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Upon the vote being taken on the amended motion, Members Doran, Gibson, De Witt,
Jonson, and Vice-Chair Jensen voted "Aye"; Member Slaughter voted "Nay." Motion carried.
Consensus opposed ordering an additional IME.
7. Director's Reports
Mr. Kaufman reported the Appellate Court had dismissed Mr. Stubblefield's appeal of
the PAC decision to withdraw his disability pension. The Court granted the recovery of
attorney fees to the Pension Plan. A motion with an affidavit of the Plan's attorney fees
will be filed.
8. Committee Members to be Heard
Members wished all Happy Holidays.
9. Adjourn
The meeting adjourned at 9:36 a.m.
g41,7
( Chair
Attest / Pension Advisory Committee
Bo.rd Reporter,
Pension Advisory 12/8/2011 4