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12/16/1991 TRUSTEES OF THE EMPLOYEES' PENSION FUND MEETING December 16, 1991 The City Commission, meeting as the Board of Trustees of the Employees Pension Fund, met in regular session at City Hall, Monday, December 16, 1991 at 9:05 A.M., with the following members present: Rita Garvey Chairperson Lee Regulski Trustee William Nunamaker Trustee Richard Fitzgerald Trustee Sue Berfield Trustee Also Present were: Michael J. Wright City Manager H. M. Laursen Human Resources Director Milton A. Galbraith, Jr. City Attorney Mary K. Diana Assistant City Clerk ITEM #2 - Minutes: Trustee Fitzgerald moved to approve the minutes of the December 2, 1991, meeting. The motion was duly seconded and carried unanimously. ITEM #3 - Request for Pension: The City Manager presented the recommendation of the Pension Advisory Committee that the employee(s) listed below be granted a job-connected disability pension under Section 26.35 and/or 26.27 of the Employees' Pension Plan. a) Harry Mattheus Mr. Mattheus suffers from a back injury which was incurred when he slipped on a slick floor while on duty, in the position Life Hazard Safety Inspector II, Fire Department. Discussion ensued in regard to whether or not litigation is pending. It was indicated there was a suit against the mall but the City was not a party to it. Direction was given to the City Attorney to follow-up on whether the City could recover any portion of compensation damages, if any are paid, due to the accident. Concern was expressed in regard to not having a sliding scale in terms of the amount of the disability with the City being locked into a flat 75 percent. A question was raised if the amount of the pension takes into account the three children under 18 years of age and it was indicated another 15 percent per child would be factored in. Discussion ensued in regard to add-ons for children born after pensions are granted. Human Resources Director Laursen indicated the unions have been discussing amendments to the pension plan to not increase pension benefits for children born after a pension is granted. Trustee Berfield moved to accept the recommendation of the Pension Advisory Committee. The motion was duly seconded and carried unanimously. b) Deborah Patterson Ms. Patterson, Meter Reader I, Customer Support Division, Administrative Services Department, suffers from a back injury which was incurred when she twisted her back while reading a meter. In response to a question, it was indicated Ms. Patterson is presently drawing Workers' Compensation. Trustee Regulski moved to accept the recommendation of the Pension Advisory Committee. The motion was duly seconded and carried unanimously. c) John W. Jacobs, Jr. Mr. Jacobs suffers back and leg pain which was incurred while using equipment at a brush fire in his position as Fire Lieutenant with the Fire Department. A question was raised in regard to a discrepancy in how the accident occurred and it was indicated there was a mistake on the item and the Workers' Compensation report should take precedent. In response to a question, it was indicated the pension plan has a wage loss provision; and if another job is obtained with earnings less than what was made at the City, a person can file for a percentage of the difference between the two positions. Mr. Laursen said for non-job connected disability pensions the pension shall exist only for as long as the disability exits; however, this language is not included for job connected disabilities. He said there is a clause that states no one that receives a job connected disability pension can accept employment in a field similar to that having been held with the City when the disability occurred. Concerns were expressed that some of the letters received from the examining doctors were not conclusive. In response to a question, it was indicated the Pension Advisory Committee sent Mr. Jacobs back to Dr. Sweeney who provided additional hand written notes which were accepted by the PAC. Mr. Laursen said it is difficult for some employees to get doctors to provide the necessary conclusive information. He said the City Nurse has had difficulty in getting doctors in the immediate area to take these type cases and in some instances employees have had to travel to Tampa for their exam. Most doctors are now requesting payment before the independent medical exam. Reference was made to the second paragraph on the Access Imaging Center, Inc. report indicating the disc bulge is compatible with degenerative disease and not caused by a specific incident. It was felt additional factual evidence is needed. Trustee Regulski moved to remand this case back to the Pension Advisory Committee for further investigation. The motion was duly seconded and carried unanimously. d) Barry W. Glover Mr. Glover, Police Captain, Police Department, suffers from depression and other stress-related ailments which were incurred as a result of on-the-job circumstances. Mr. Laursen said very detailed letters have been submitted by this employee. Trustee Fitzgerald moved to accept the recommendation of the Pension Advisory Committee. The motion was duly seconded and carried unanimously. ITEM #4 - Request for Pension: The City Manager recommends that Daniel O'Connell be granted a non-job-connected disability pension, consistent with the May 4, 1987, policy of the Trustees, pending further review of the disability request by Thompson, Sizemore & Gonzalez, P.A., and the request for non-job-connected disability pension be remanded to the Pension Advisory Committee for a factual determination to be made by medical doctors that with a reasonable degree of medical certainty Officer O'Connell's heart disease was caused by on-the-job factors. The Pension Advisory Committee (PAC) approved a job-connected disability pension for Police Officer Daniel O'Connell at their November 6, 1991 meeting. The Trustees reviewed that action on December 2, 1991, and remanded it to the PAC based on a concern that medical documentation was not sufficient. On December 4, 1991, the PAC again approved the job-connected disability pension request based on the same medical documentation. The PAC also submitted that the recommendation for a job-connected disability pension should be approved based on application of certain "presumptions" of job-related disability referenced in Chapter 185, Florida Statutes. The City and the PAC previously have been provided with copies of two legal opinions stating the "presumption" does not apply. The current medical documentation relating to Officer O'Connell's condition does not support the action of the PAC for a job-connected disability. Granting a non-job-connected disability pension at this time is consistent with the Trustees direction in 1987 and will allow time for further review of the sufficiency of the medical documentation and whether presumption should be applied and consideration of other relevant issues. Mr. Laursen said the letters are the same as presented before; that the 1986 letters on Workers' Compensation do not speak to this issue and a Workers' Compensation claim has not been filed. He said the Commission has a policy regarding this type situation. If there is concurrence that a disability exists; and if the difference of opinion is whether or not it is job connected or non-job connected, the lesser should be granted while the process continues. Trustee Regulski moved to approve the recommendation that Daniel O'Connell be granted a non-job-connected disability pension, consistent with the May 4, 1987, policy of the Trustees, pending further review of the disability request by Thompson, Sizemore & Gonzalez, P.A., and the request for non-job-connected disability pension be remanded to the Pension Advisory Committee for a factual determination to be made by medical doctors that with a reasonable degree of medical certainty Officer O'Connell's heart disease was caused by on-the-job factors. The motion was duly seconded and carried unanimously. ITEM #5 - Other Business: - None. ITEM #6 - Adjournment: The meeting adjourned at 9:30 a.m.