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05/31/1988TRUSTEES OF THE EMPLOYEES' PENSION FUND MEETING May 31, 1988 The City Commission, meeting as the Board of Trustees of the Employees Pension Fund, met in regular session at the City Hall, Monday, May 31, 1988, at 9:02 a.m., with the following members present: Rita Garvey Mayor/Commissioner James Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner Don Winner Commissioner William Nunamaker Commissioner Also Present were: Ron H. Rabun City Manager Milton A. Galbraith, Jr. City Attorney Cynthia Goudeau City Clerk ITEM #2 - Minutes - Commissioner Winner moved to approve the minutes of the May 16, 1988, meeting. `Motion` was duly seconded and `carried` unanimously. ITEM #3  Denial of Membership The City Manager presented the recommendation of the Advisory Committee to deny membership based on physician's findings for one (1) employee listed below: `Name` `Classification` `Department` Cornelius Legters III Gas Inspector Building Department This matter came before the Trustees on April 18, 1988, and was continued in order to allow Mr. Legters to address the Pension Advisory Committee regarding their recommendation of denying him membership. The recommendation for denial was based on the doctors recommendation that due to Mr. Legters weight he not be allowed into the Pension Plan. Questions were raised at the original meeting regarding whether or not Mr. Legters should have been hired due to the fact he is extremely overweight. It has been reported that the city cannot refuse to hire an individual based on their weight unless there are specific physical requirements such as those for police officers and firefighters. It was emphasized that Mr. Legters can be reconsidered for admittance into the Pension Plan should he loose enough weight. Commissioner Winner moved to accept the recommendation of the Advisory Committee to deny membership. `Motion` was duly seconded and `carried` unanimously. ITEM #4 - Request for Pension The City Manager presented the recommendation of the Advisory Committee, General Employees' Pension Fund that the employees listed below be granted a regular pension under Section 26.34 of the Employees' Pension Plan. Charles J. Cooper, Police Officer, Police Department, to be effective May 9, 1988, at an amount to be calculated by the Finance Department. Dorothy M. Donley, Accountant I, Finance Department, to be effective February 16, 1989, at an amount to be calculated by the Finance Department. Commissioner Winner moved to accept the recommendation of the Advisory Committee. `Motion` was duly seconded and `carried` unanimously. ITEM #5 Other Business. Commissioner Regulski raised a question regarding the Pension Plan as a whole and the need to address amending it. Discussion ensued regarding the options available to the Trustees and whether or not they could propose a whole new plan. John Nicholson, member of the Pension Advisory Committee, questioned whether or not changes would have to come from the Advisory Committee and it was stated that any new plan would be submitted to the Pension Advisory Committee for review. One suggestion was the regular retirement be one plan, job-connected disability another and non-job connected disability another. The City Manager reported he had contacted ICMA regarding whether or not they would be interested in taking over the City's pension plan and he indicated he is still discussing this with them. It was the consensus of the Trustees for staff to consider a whole new plan and the City Attorney to report regarding whether or not it would be legal to propose a whole new plan and whether or not there can be separate plans. It was also requested that ICMA's opinion of our current plan be obtained. John Nicholson, member of the Pension Advisory Committee, expressed concern regarding the agreement reached with Steven Zimmerman. The agreement allowed Mr. Zimmerman to receive credit for the City's contribution to the Pension Plan. Mr. Zimmerman had been dismissed by the City and upon appeal was reinstated. During the time he was not employeed by the City he had removed his contribution to the Plan, he had brought suit against the City requesting that he be given credit for part of that time as based on the appeal decision his dismissal had been unwarranted. Mr. Nicholson stated he did not feel that the Trustees could use Pension Plan money to give this credit to Mr. Zimmerman. The Trustees requested the City Attorney provide a report regarding the agreement and whether or not it was proper. This will be discussed at the next Trustees meeting. ITEM #6 Meeting adjourned at 9:24 a.m.