03/13/2014 PENSION ADVISORY COMMITTEE MEETING MINUTES
CITY OF CLEARWATER
March 13, 2014
Present: Vice-Chair Daniel Slaughter, Committee Member Tom Jensen, Committee
Member/Councilmember Paul Gibson, Committee Member/Councilmember Bill Jonson,
Committee Member/Councilmember Doreen Hock-DiPolito, Committee Member Clyde
Renfroe.
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. Employees/Citizens to be Heard: None.
3. Approval of Minutes
3.1 Approve minutes of February 13, 2014 Pension Advisory Committee meeting as
submitted in written summation.
Member Gibson moved to approved Item 3.1. The motion was duly seconded and
carried unanimously.
4. Review and Action on Employee Requests for Regular Pension
4.1 Recommend approval of the following request of employees Douglas Stocker,
Solid Waste and General Services Department, and Daniel Brown, Parks and
Recreation Department; for a regular pension as provided by Sections 2.416 and
2.424 of the Employees Pension Plan.
Douglas Stocker, Building and Maintenance Supervisor, Solid Waste and
General Services Department, was employed by the City on June 24, 1985 and
his pension service credit is effective on that date. His pension will be effective
April 1, 2014. Based on an average salary of approximately $58,221.76 over the
past five years, the formula for computing regular pensions and Mr. Stocker's
selection of the 50% Joint and Survivor Annuity, this pension benefit will be
approximately $47,382 annually.
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Daniel Brown, Parks Service Technician III, Parks and Recreation Department,
was employed by the City on April 19, 2004 and his pension service credit is
effective on that date. His pension will be effective on May 1, 2014. Based on an
average salary of approximately $27,926.62 over the past five years, the formula
for computing regular pensions and Mr. Brown's selection of the 100% Joint and
Survivor Annuity, this pension benefit will be approximately $6,436.44 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. Messrs. Stocker and Brown have met the non-
hazardous duty criteria.
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.
Member Jensen 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 the new hires for acceptance into the Pension Plan as
listed.
Pension Name, Job. Class, & Dept./Div Hire Date Elig. Date
Valerie Mathre*, Librarian I, Library Dept 01/11/2014 01/11/2014
Chad Siple, Beach Lifeguard, Parks and Rec Dept 02/08/2014 02/08/2014
Tim Grosz, Parks Streets/SW Tech I, Parks and Rec 02/09/2014 02/09/2014
Donivan Boykins, Cust Svc Rep, Customer Svc Dept 02/10/2014 02/10/2014
Eric Fernandez, Recreation Leader, Parks and Rec 02/10/2014 02/10/2014
John Grosso, Park Service Tech I, Parks and Rec 02/24/2014 02/24/2014
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* Ms. Mathre went from part time to full time and her date of full time status was
incorrect on last month's agenda.
Member Jonson moved to approve Item 5.1. The motion was duly seconded and
carried unanimously.
6. Director's Reports
Linda Leaghty's Disability Pension Application
Pension Advisory Committee Attorney Stuart Kaufman said Linda Leaghty applied for a
service connected disability pension. He expressed concern re due process as Ms.
Leaghty appeared to be incapable of representing herself at the preliminary hearing.
She did not have resources to afford an attorney; the Pension Plan is not required to
provide attorneys for applicants. He said Ms. Leaghty must meet the burden of proof
that her disability is total and permanent.
Attorney Kaufman reviewed Code language indicating that general employees did not
qualify for pension benefits due to preexisting conditions. In the IME (Independent
Medical Exam), Eric M. Kaplan M.D. reported Ms. Leaghty had stated she was first
treated for her condition in the 5t" grade. Dr. Kaplan determined that Ms. Leaghty was
totally disabled but the condition was not service connected. Attorney Kaufman said
while the committee may determine that Ms. Leaghty is disabled, members will need to
adhere to Code restrictions related to preexisting conditions.
Human Resources Director Joe Roseto said the president of the union agreed to
represent Ms. Leaghty before the committee. Ms. Leaghty's employment application did
not list any pre-existing conditions. After her hire date, her condition progressed until
she no longer could function as an employee.
Attorney Kaufman suggested a hearing be scheduled for May or June when Robert
Sugarman, Counsel for the Special Council for the Board of Trustees, was available.
Member Jonson moved to tentatively schedule a hearing on Linda Leaghty's disability
pension application for May 8, 2014. The motion was duly seconded and carried
unanimously.
Kris Wise Disability Pension Application
Mr. Roseto said Kris Wise's attorney contacted the Pension Advisory Committee
Attorney requesting another hearing re Mr. Wise's disability pension application.
According to his attorney, Mr. Wise was in treatment and felt it was at a point where he
could be reevaluated by the Committee. Attorney Kaufman said Mr. Wise's records will
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be forwarded to the IME physician to reevaluate. A preliminary hearing could be
scheduled once the City receives all related information, including the IME opinion.
7. Committee Members to be Heard
Committee members and Mr. Roseto thanked Member Gibson for his service on the
PAC (Pension Advisory Committee) and congratulated Member Jonson on his
reelection to the City Council.
8. Adjourn
The meeting adjourned at 9:19 a.m.
Chair
Pension Advisory ommittee
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