01/26/2012
PENSION ADVISORY COMMITTEEMEETING MINUTES
CITY OF CLEARWATER
January 26, 2012
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: Joe Roseto – Human Resources Director, Patricia O. Sullivan - Board Reporter
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.
2 - Approval of Minutes
– December 8, 2011
Member Doran moved to approve the minutes of the regular Pension Advisory
Committee meeting of December 8, 2011, as submitted in written summation to each board
member. 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 Robert Maran, Engineering Department;
Georgette Summarell, Police Department; and Vincent Carino, Fire Department, for a regular
pension as provided by Sections 2.397 and 2.398 of the Employees’ Pension Plan.
Robert Maran, Engineering Specialist III, Engineering Department, was employed by the
City on November 19, 1973, and his pension service credit is effective on October 9, 1984. His
pension will be effective March 1, 2012. Based on an average salary of approximately $73,634
per year over the past five years, the formula for computing regular pensions, and Mr. Maran’s
selection of the 75% Joint & Survivor Annuity, this pension will approximate $55,897 annually.
Georgette Summarell, Police Communications Operator, Police Department, was
employed by the City on December 1, 1976, and her pension service credit is effective on
March 23, 1992. Her pension will be effective April 1, 2012. Based on an average salary of
approximately $46,398 per year over the past five years, the formula for computing regular
pensions, and Ms. Summarell’s selection of the Joint & Survivor Annuity, this pension will
approximate $25,519 annually.
Vincent Carino, Firefighter/Driver-Operator, Fire Department, was employed by the City
on February 14, 1977, 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 $61,129 per year
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over the past five years, the formula for computing regular pensions, and Mr. Carino’s selection
of the 10-year Certain and Life Annuity, this pension will approximate $63,747 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 credited
service, or has reached age 65 and completed ten years of credited service. Section 2.397 also
provides for normal retirement eligibility when a participant has completed twenty years of
credited service or has reached age 55 and completed ten years of credited service in a type of
employment described as “hazardous duty” and further defines service as a Firefighter/Driver-
Operator as meeting the hazardous duty criteria. Mr. Maran and Ms. Summarell qualify under
the age 55 and twenty years of service criteria. Mr. Carino qualifies under the hazardous duty
criteria.
Member DeWitt moved to recommend approval of Item 4.1. The motion was duly
seconded.
Vincent Carino was thanked for his contributions to the City during 35 years of service.
Upon the vote being taken, the motion carried unanimously.
5 – Review and Action on Employee Requests to Vest Pensions
5.1. Recommend approval of the request of employee Diana Atkinson, Solid Waste/General
Services Department, to vest her pension as provided by Section 2.397 of the Employees’
Pension Plan.
Diana Atkinson, Accounting Clerk, Solid Waste/General Services Department, was
employed by the City on November 4, 1992, and began participating in the Pension Plan on that
date. Ms. Atkinson terminated from City employment on December 8, 2011.
The Employees’ Pension Plan provides that should an employee cease to be an
employee of the City of Clearwater or change status from full-time to part-time after completing
ten or more years of creditable service (pension participation), such employee shall acquire a
vested interest in the retirement benefits. Vested pension payments commence on the first of
the month following the month in which the employee normally would have been eligible for
retirement.
Section 2.397) provides for normal retirement eligibility when a participant has reached
age 55 and completed twenty years of credited service, has completed 30 years of credited
service, or has reached age 65 and completed ten years of credited service. Ms. Atkinson
would have completed at least 20 years of service and reached age 55 on November 4, 2012.
Her pension will be effective December 1, 2012.
Member Slaughter moved to recommend approval of Item 5.1. The motion was duly
seconded and carried unanimously.
6 – Approval of New Hires as Plan Members
6.1. Recommend approval of new hires for acceptance in the Pension Plan as listed.
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Matthew Carter, Parks Service Technician I/Parks & Recreation 12/05/11 12/05/11
Antwan Williams, Parks Service Technician I/Parks & Recreation 12/05/11 12/05/11
Lynn Clark, Customer Service Representative/Customer Service 12/19/11 12/19/11
Stuart Miller, Electrician/Solid Waste-General Services 12/19/11 12/19/11
Deborah Humes, Customer Service Rep./Customer Service 12/19/11 12/19/11
Member Jonson moved to recommend approval of Item 6.1. The motion was duly
seconded and carried unanimously.
7 – Pending/New Business
7.1. Hearing on Daniel McCue's job-connected disability request.
Human Resources Director Joe Roseto said the formal hearing for Daniel McCue’s job-
connected disability request has been postponed. Following extensive discussions with IME
(Independent Medical Exam) physician Michael Wasylik, M.D. and Pension Advisory Committee
Attorney Stuart Kaufman, Mr. Roseto submitted specific questions to Dr. Wasylik. He
distributed those responses and requested the PAC (Pension Advisory Committee) discuss Mr.
McCue's request today before scheduling a formal hearing. Dr. Wasylik has more than 20 years
experience performing IMEs for the City of Tampa.
In his January 18, 2012 email, Dr. Wasylik opined that Daniel McCue injured himself in
his police car, no evidence exists that resulting conditions were pre-existing or not caused by an
on-the-job injury, no evidence exists that he is exaggerating or embellishing his condition, his
condition is total and permanent, and he no longer is able to physically perform the duties of a
police officer.
Discussion ensued with comments that while committee members have significant
reservations regarding this case, a formal hearing is unnecessary due to the low threshold that
exists for a police officer’s total and permanent disability. It was stated that Mr. McCue cannot
serve as a police officer and it was recommended that more restrictions regarding disabilities
are needed. It was commented the PAC Attorney, Advocate, and IME doctor indicated the
committee has no option but to approve the disability request, despite high associated costs to
the Plan. Concern was expressed a delay had occurred before the injury was reported and it
was recommended that staff be reminded of the importance of promptly reporting injuries.
Ken Afienko, attorney representing Daniel McCue, said the IME doctor had opined his
injury resulted from an on-the-job accident.
Member Doran moved to admit everything that was on the CD (Compact Disc) and all
the written documentation that was provided to the committee into the official record. The
motion was duly seconded and carried unanimously.
Member Doran moved to enter a finding that Officer Daniel McCue is totally and
permanently disabled as defined by the City’s Pension Plan specifically for public safety
employees and that such disability is in fact job-related. The motion was duly seconded and
carried unanimously.
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Mr. McCue was thanked for his service to the City. Mr. McCue said he had been proud
to be a police officer and complimented the City's Police and Fire departments.
8— Director's Report:
Mr. Roseto said the Risk Department is diligent in following through on injury reports.
Concern was expressed that Mr. McCue's injury had been reported after the fact. Mr. Roseto
said if a light-duty program is established, only future disability applications would be affected.
9—Committee Members to be Heard
Member Doran bid farewell.
Member Jonson recommended the City review police car ergonomics to prevent future
injuries.
10 -Adjourn
The meeting adjourned at 9:33 a.m.
)4)77--)411.
Chair
Pension Advisory Co ! ittee
Attest:
Board Reporter
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