09/12/2013 PENSION ADVISORY COMMITTEE MEETING MINUTES
CITY OF CLEARWATER
September 12, 2013
Present: Chair Nathan Hightower, Vice-Chair Daniel Slaughter, Committee Member
Tom Jensen, Committee Member/ Councilmember Bill Jonson, Committee
Member/Councilmember Doreen Hock-DiPolito, Committee Member Clyde Renfroe.
Absent: Committee Member/Councilmember Paul Gibson
Also present: Stuart Kaufman - Pension Advisory Committee Attorney, 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 the minutes of the August 8, 2013, Pension Advisory Committee
meeting as submitted in written summation.
Member Jonson 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 following request of employee Frank Youmans, of
the Parks and Recreation Department, for a regular pension as provided by
Sections 2.416 and 2.424 of the Employees' Pension Plan.
Frank Youmans, Parks Streets and Sidewalks Technician II, Parks and
Recreation Department, was employed by the City on November 5, 1985 and his
pension service credit is effective on that date. His pension will be effective on
November 1, 2013. Based on an average salary of approximately $45,544.01
over the past five years, the formula for computing regular pensions and Mr.
Youmans' selection of 75% Joint and Survivor Annuity, this pension benefit will
be approximately $29,386.68.
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
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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. Youmans meets the non-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 Richard Zeron of the Solid
Waste/General Services Department to vest his pension as provided by Section
2.419 of the Employees' Pension Plan.
Richard Zeron, Solid Waste Technical Operator, Solid Waste/General Services
Department, was employed by the City on October 25, 1999 and began
participating in the Pension Plan on that date. Mr. Zeron terminated from City
employment on July 20, 2013.
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
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participant has reached the age of sixty five (65) years and completed ten (10)
years of credited service. Mr. Zeron will meet the non-hazardous duty criteria
and begin collecting a pension in November 2019.
Member Slaughter moved to approve 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 into the Pension Plan as
listed.
Name, Job. Class, & Dept./Div-. Hire Date Elig. Date
Carl Parsons, SW Equip Operator, Solid Waste Dept. 07/01/2013 07/01/2013
Davan Milford, Electrician, Bldg and Maintenance Dept. 07/01/2013 07/01/2013
Michael Helm, SW Equip Operator, Solid Waste Dept. 07/01/2013 07/01/2013
Michael McGlockton, SW Worker, Solid Waste Dept. 07/01/2013 07/01/2013
Harold Hanson, Meter Reader, Customer Service Dept. 07/22/2013 07/22/2013
Fred Gamble, Water Dist Op Trainee, Public Util. Dept. 07/29/2013 07/29/2013
Richard Ackerman, Water Dist Op Trne, Pub Util Dept. 07/29/2013 07/29/2013
Naylan Albritton, SW Worker, Solid Waste Department 07/29/2013 07/29/2013
Tara Dillon, Customer Service Rep, Cust Service Dept. 08/12/2013 08/12/2013
Jessica Neveitt, Customer Service Rep, Cust Svc Dept. 08/12/2013 08/12/2013
Gary Holmes, WW Treatment Plant Op, Pub Util Dept. 08/12/2013 08/12/2013
Member Renfroe moved to approve Item 6.1. The motion was duly seconded
and carried unanimously.
7. Director's Reports
7.1. Set hearing date for non-mob connected disability pension for Linda Leaghty
Pension Advisory Committee Attorney Stuart Kaufman said Linda Leaghty had applied
for a non-job-connected disability pension. He reviewed Ms. Leaghty's request, the
informal hearing process, and requirements for approval. Joseph Shanklin, MD and
IME (Independent Medical Exam) doctor, Eric Kaplan, MD, provided conflicting
opinions.
Member Jonson moved to accept into evidence the entire file, inclusive of the personnel
file, interrogatories, medical records, and the IME. The motion was duly seconded and
carried unanimously.
Linda Leaghty submitted a list of her symptoms and the August 30, 2013, letter from Dr.
Shanklin, disputing Dr. Kaplan's findings.
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Member Jensen moved to accept the additional submissions into evidence. The motion
was duly seconded and carried unanimously.
Ms. Leaghty reviewed problems she experiences associated with her disability and
impacts on her ability to work.
It was recommended that Dr. Kaplan be provided a copy of Dr. Shanklin's letter for
consideration. Attorney Kaufman did not foresee Dr. Kaplan changing his opinion.
Concern was expressed that continuing this item to await Dr. Kaplan's response may
delay a final decision. It was stated that information in the file is compelling and
sufficient to grant Ms. Leaghty a disability pension.
Member Jensen moved that Linda Leaghty is eligible for a disability pension as she 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.
Concern was expressed that additional information is needed due to conflicting opinions
by medical professionals.
Upon the vote being taken, Members Jensen and Renfroe voted "Aye"; Members
Slaughter, Jonson, Hock-DiPolito, and Chair Hightower voted "Nay." Motion failed.
Member Hock-DiPolito moved to schedule a hearing to consider Linda Leaghty's
application for a non-job-connected disability pension. The motion was duly seconded.
Members Slaughter, Jonson, Hock-DiPolito, Renfroe and Chair Hightower voted "Aye";
Member Jensen voted "Nay." Motion carried.
Mr. Roseto said he would send a copy of Dr. Shanklin's August 30, 2013, letter to Dr.
Kaplan.
7.2. Approve revisions to the Pension Advisory Committee Policies and Procedures
Manual.
Human Resources Director Joe Roseto reviewed revisions to the Pension
Advisory Committee Policies and Procedures Manual. An additional revision
has been requested; exclusions for preexisting conditions do not apply to
Hazardous Duty personnel.
Member Hock-DiPolito moved to adopt the Pension Advisory Committee
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Policies and Procedures Manual, with clarification that exclusions for
preexisting conditions do not apply to Hazardous Duty personnel. The motion
was duly seconded and carried unanimously.
Attorney Kaufman reviewed laws, effective October 30, 2013, which govern
most public meetings and require a reasonable opportunity to be heard. He
distributed Administrative Rules governing public participation for PAC
meetings.
Consensus was for "Employees /Citizens to be Heard" to be the first item of
business on the agenda.
Member Jonson moved to adopt the Administrative Rules Governing Public
Participation for PAC meetings. The motion was duly seconded and carried
unanimously.
Member Jensen moved to amend the Pension Advisory Committee Policies
and Procedures Manual to include the Administrative Rules Governing Public
Participation. The motion was duly seconded and carried unanimously.
Staff will provide members with a final copy of the manual.
Set hearing date for job- connected disability pension for Kris Wise
Mr. Roseto requested the Committee schedule a final hearing for Kris Wise in
November.
Member Jonson moved to set a final hearing for Kris Wise's job- connected disability
pension request on November 14, 2013. The motion was duly seconded and carried
unanimously.
8. Committee Members to be Heard
Information was provided regarding upcoming pension - related conferences.
9. Adjourn
The meeting adjourned at 9:37 a.m.
Attest:
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