07/11/2013 PENSION ADVISORY COMMITTEE MEETING MINUTES
CITY OF CLEARWATER
July 11, 2013
Present: Chair Nathan Hightower, Committee Member Tom Jensen, Committee
Member/Councilmember Paul Gibson, Committee Member/ Councilmember Bill Jonson,
Committee Member/Councilmember Doreen Hock-DiPolito, Committee Member Bill
Renfroe.
Absent: Vice-Chair Daniel Slaughter
Also present: Joe Roseto — Human Resources Director, Patricia O. Sullivan - Board
Reporter
1. Call to Order
The Chair called the meeting to order at 9:00 a.m. at City Hall.
2. Approval of Minutes
2.1 Approve minutes of May 9, 2013, Pension Advisory Committee meeting as
submitted in written summation
Member Jensen moved to approve Item 2.1. The motion was duly seconded and
carried unanimously.
2.2 Approve minutes of June 13, 2013, Pension Advisory Committee meeting as
submitted in written summation.
Member Jensen moved to approve Item 2.2. 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 following request of employees Kathleen Bedini,
Engineering Department; James Beardsley, Parks and Recreation Department;
Thomas Milne, Police Department and Richard Crean, Police Department for a
regular pension as provided by Sections 2.416 and 2.424 of the Employees
Pension Plan.
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Kathleen Bedini, Staff Assistant, Engineering Department, was employed by the
City on January 5, 1998 and her pension service credit is effective on that date.
Her pension will be effective September 1, 2013. Based on an average salary of
approximately $30,717.58 over the past five years, the formula for computing
regular pensions and Ms. Bedini's selection of the Single Life Annuity, this
pension benefit will be approximately $13,208.28 annually.
James Beardsley, Parks Service Technician III, Parks and Recreation
Department, was employed by the City on November 12, 1974 and his pension
service credit is effective on that date. His pension will be effective on
September 1, 2013. Based on an average salary of approximately $42,182.56
over the past five years, the formula for computing regular pensions and Mr.
Beardsley's selection of the 50% Joint and Survivor Annuity, this pension benefit
will be approximately $47,207.16 annually.
Thomas Milne, Police Officer, Police Department, was employed by the City on
July 8, 1993 and his pension service credit is effective on that date. His pension
will be effective August 1, 2013. Based on an average salary of approximately
$83,016.18 over the past five years, the formula for computing regular pensions
and Mr. Milne's selection of the 100% Joint and Survivor Annuity, this pension
benefit will be approximately $43,813.44 annually.
Richard Crean, Police Sergeant, Police Department, was employed by the City
on December 30, 1991 and his pension service credit is effective on that date.
His pension will be effective August 1, 2013. Based on an average salary of
approximately $91,966.96 over the past five years, the formula for computing
regular pensions and Mr. Crean's selection of the Joint and Survivor Annuity, this
pension benefit will be approximately $54,742.56 annually.
Section 2.416 provides for normal retirement eligibility for non-hazardous duty
employees hired prior to the effective date of this reinstatement (1/1/13), a
member shall be eligible for retirement following the earlier of the date on which
a participant has reached the age of 55 years and completed twenty (20) years
of credited service; the date on which a participant has reached age sixty five
(65) years and completed ten (10) years of credited service; or the date on which
a member has completed thirty (30) years of service regardless of age. For non-
hazardous duty employees hired on or after the effective date of this
restatement, a member shall be eligible for retirement following the earlier of the
date on which a participant has reached the age of sixty (60) years and
completed twenty five (25) years of credited service; or the date on which a
participant has reached the age of sixty five (65) years and completed ten (10)
years of credited service. Ms. Bedini and Mr. Beardsley have met the non-
hazardous duty criteria.
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Section 2.416 provides for normal retirement eligibility for hazardous duty
employees, a member shall be eligible for retirement following the earlier of the
date on which the participant has completed twenty (20) years of credited
service regardless of age, or the date on which the participant has reached fifty
five (55) years and completed ten (10) years of credited service. Mr. Milne and
Mr. Crean meet the hazardous duty criteria.
Member Jensen moved to approve Item 4.1. The motion was duly seconded and
carried unanimously.
5. Review and Action on Employee Requests to Vest Pensions
5.1 Recommend approval of the request of employee James Geary of the Customer
Service Department to vest his pension as provided by Section 2.419 of the
Employees Pension Plan. James Geary, Director, Customer Service
Department, was employed by the City on September 14, 1998, and began
participating in the Pension Plan on that date. Mr. Geary terminated from City
employment on October 29, 2012.
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 2.416 provides for normal retirement eligibility for non-hazardous duty
employees hired prior to the effective date of this reinstatement (1/1/13), a
member shall be eligible for retirement following the earlier of the date on which
a participant has reached the age of 55 years and completed twenty (20) years
of credited service; the date on which a participant has reached age sixty five
(65) years and completed ten (10) years of credited service; or the date on which
a member has completed thirty (30) years of service regardless of age. For non-
hazardous duty employees hired on or after the effective date of this
restatement, a member shall be eligible for retirement following the earlier of the
date on which a participant has reached the age of sixty (60) years and
completed twenty five (25) years of credited service; or the date on which a
participant has reached the age of sixty five (65) years and completed ten (10)
years of credited service. Mr. Geary meets the non-hazardous duty criteria.
Member Jonson moved to approve Item 5.1. The motion was duly seconded and
carried unanimously.
6. Approval of New Hires as Plan Members:
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6.1 Recommend approval of the new hires for acceptance into the pension plan as
listed.
Pension Name, Job. Class, & Dept./Div. Hire Date Elig. Date
Jorge Hernandez, Gas Program Specialist, Gas Dept 06/03/2013 06/03/2013
Andre Dodson, Solid Waste Worker, Solid Waste Dept 06/03/2013 06/03/2013
Joel Rudolph, Field Service Rep, Cust Service Dept 06/10/2013 06/10/2013
Dustin Dulek, Parks Svc. Tech I, Parks and Rec Dept 06/17/2013 06/17/2013
Louis Christou, Accounting Tech, Parks and Rec Dept 06/17/2013 06/17/2013
James Cooney, Utilities Mechanic, Public Utilities Dept 06/17/2013 06/17/2013
Kris Koch, Recreation Supervisor, Parks and Rec Dept 06/17/2013 06/17/2013
Jeffrey Gavani, Per/Payroll Tech, Parks and Rec Dept 06/17/2013 06/17/2013
Zachary Gutshall, Park Svc Tech I, Parks and Rec Dept 06/17/2013 06/17/2013
Marlon McIntyre, SW Worker, Solid Waste Dept 06/17/2013 06/17/2013
Member Jensen moved to approve Item 6.1. The motion was duly seconded and
carried unanimously.
7. Pending/New Business
7.1 Approve the revisions to the Pension Advisory Committee Policies and
Procedures Manual.
Human Resources Director Joe Roseto reviewed changes to the Committee's Policies
and Procedures Manual.
To address concerns regarding preexisting conditions, it was assumed that fire
personnel are administered life scans prior to hire; annual life scans are required for all
fire personnel beginning October 2013. It was noted a request was made to extend
PAC (Pension Advisory Committee) member terms from 2 to 4 years. In reference to
responsibility for sending interrogatories to the applicant under Procedures: C, Mr.
Roseto will verify if the item refers to the Committee's outside counsel or pension
administrator.
Member Gibson moved to continue Item 7.1. to August 8, 2013, for final action. The
motion was duly seconded and carried unanimously.
7.2 Ratify and Confirm Agreement for Legal Services for Kris Wise Disability
Hearing.
Mr. Roseto reviewed Plan procedures and requirements for disability hearings. He
reported the Pension Committee Attorney had retained the law firm of Sugarman and
Susskind in Coral Gables as Plan advocate. The firm is working on the case.
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It was recommended that the contract with the law firm clarify travel policy. Concerns
were expressed the Plan could face potentially high costs for hourly and/or daily rates
for the two attorneys specified in the contract and costs could skyrocket if the law firm
incurs unnecessary fees or determines multiple depositions are required. It was stated
the Plan should secure local talent for future cases, rather than hiring a Miami-Dade
firm, which requires expensive travel. It was agreed the advocate position should be
filled by someone who works and lives in the local tri-county area.
Mr. Roseto said attorney costs are worthwhile if their work averts million dollar life time
benefit payouts from the Plan. Committee decisions must be in the best interest of
employees and the Plan.
It was questioned who is responsible for monitoring the firm's activities as the Plan risks
incurring unnecessary fees without sufficient oversight. Mr. Roseto said he and the
Pension Plan attorney are responsible for monitoring advocate activities; the advocate
may indicate an activity is necessary to make the case. It was stated the client is the
boss and should direct advocate activities. It was recommended that the Committee
Chair participate in oversight. It was noted the Committee has a fiduciary responsibility
to the Plan and needs to be certain that the Plan does not fund unnecessary activities.
Mr. Roseto will request the Pension Plan attorney to attend the August PAC meeting to
discuss member concerns regarding advocate oversight.
It was suggested a local advocate be appointed in place of the Sugarman and Susskind
law firm. Mr. Roseto said the Plan would have to compensate the law firm for
completed work. Hiring another advocate would delay the hearing.
Concern was expressed that Committee procedures do not include a geographic
restriction for the advocate's location. Necessary advocate qualifications were
reviewed. Support was expressed for Committee input in the hiring process. It was
suggested the Sugarman and Susskind law firm be instructed to continue work on this
case to avoid delay and for a local advocate to be identified and/or hired prior to the
next case.
Member Jonson moved to approve Item 7.2. The motion was duly seconded.
Concern was expressed that the PAC has no information regarding how much the Plan
owes the law firm so far or how much travel will cost. It was stated that the Plan should
not pay twice for legal advice.
Upon the vote being taken, Members Jensen, Jonson, Renfroe, and Chair Hightower
voted "Aye"; Members Gibson and Hock-DiPolito voted "Nay." Motion carried.
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Information was requested re how committees in other municipalities communicate with
advocates.
Consensus was for Chair Hightower to discuss with the Pension Committee law firm,
Klausner Kaufman Jensen and Levinson, regarding to date actions by law firm
Sugarman and Susskind as advocate for the Plan.
8. Director's Reports
Mr. Roseto reported Worker's Compensation only compensates for treatment of mental
injury caused by physical injury. The City has the option to pay for continuing care for a
mental injury not caused by a physical injury.
9. Committee Members to be Heard
Member Renfroe was welcomed to the committee.
Chair Hightower requested information on how the Sunshine Law affects the ability of
Committee members to forward information to other members.
10. Adjourn
The meeting adjourned at 8:54 a.m.
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Chair
Pension Advisory Co mittee
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