06/01/1992 TRUSTEES OF THE EMPLOYEES' PENSION FUND MEETING
June 1, 1992
The City Commission, meeting as the Board of Trustees of the Employees Pension Fund, met in regular session at City Hall, Monday, June 1, 1992 at 10:05 A.M., with the following members
present:
Rita Garvey Chairperson
Lee Regulski Trustee
Richard Fitzgerald Trustee
Sue Berfield Trustee
Arthur X. Deegan, II Trustee
Also Present were:
Michael J. Wright City Manager
Milton A. Galbraith, Jr. City Attorney
Cynthia E. Goudeau City Clerk
ITEM #2 - Minutes:
Trustee Deegan moved to approve the minutes of the May 18, 1992, 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 Paul G. Jackson be granted a job-connected disability pension under Section 26.35 of the Employees'
Pension Plan.
Mr. Jackson was employed by the City as a Mechanic II on February 24, 1975, and began participating in the pension plan on September 8, 1975. His work as a mechanic for many years
lead to carpal tunnel syndrome of his wrists which resulted in his application for a job-connected disability pension.
Doctors reports submitted in support of Mr. Jackson's request indicate he has carpal tunnel syndrome of both wrists as a result of injuries sustained during his employment as a mechanic
with the City. Mr. Jackson has had surgery on both wrists and has reached maximum medical improvement. He is unable to perform the duties of a Mechanic II due to permanent impairment
of his wrists.
In response to questions, it was indicated the employee has the option of trying to find another job within the City; the City has no option but to accept the employee's request.
A concern was expressed that the pension plan makes no provision for pro-rating the amount of pension based on percentage of disability. It was indicated this is still being
negotiated and it will probably be a year before changes to the plan are ready to go to referendum.
Trustee Berfield moved to grant Paul G. Jackson a job-connected disability pension. The motion was duly seconded and carried unanimously.
b) Christopher J. Tomczak
Mr. Tomczak was employed by the City as a Technical Equipment Operator on August 30, 1985, and began participating in the pension plan on that date. An injury to his shoulder which
he incurred while employed with the City has resulted in his application for a job-connected disability pension.
A report from Dr. Lyster states that Mr. Tomczak has "an injury to the brachial plexus, possibly from infection and/or the original blast from the high pressure hose". A report from
Dr. Sullivan states Mr. Tomczak "did have a permanent soft tissue injury to his axillary area of the right arm". A Notice of Injury Report on file indicates the injury suffered was
"skin torn right armpit" and that the "employee was flushing out a manhole with a high pressure jet hose, the nozzle came up out of the manhole and up under his arm. The water pressure
tore 3 to 4 holes in the skin". Mr. Tomczak has reached maximum medical improvement and is permanently unable to perform the duties of a Technical Equipment Operator.
In response to questions, it was indicated Mr. Tomczak did perform light duty work for awhile but when he found he would not be able to return to work as a Technical Equipment Operator
he applied for disability. It was also indicated there was no negligence on his part causing the accident.
Concerns were raised that there would be no reduction in the pension should Mr. Tomczak find employment as long as it is not comparable to his current position. It was stated this
is also being considered in the pension plan negotiations.
Trustee Regulski moved to grant Christopher J. Tomczak a job-connected disability pension. The motion was duly seconded and carried unanimously.
c) Harry L. Norris, Jr.
Mr. Norris was employed by the City as a Firefighter on August 28, 1978, and began participating in the pension plan on that date. Mr. Norris was injured getting out of a fire truck
when he fell and pulled his right shoulder and hit his back which resulted in his application for a job-connected disability pension.
Doctors reports state that Mr. Norris has degenerative disk disease which was aggravated by the injury sustained during his employment as a Firefighter with the City. A Notice of Injury
Report on file indicates he suffered an injury to his "right shoulder and lower back". His injury "renders him particularly vulnerable to low back injury. The activities of a firefighter
would considerably enlarge the probability of occurrence". Mr. Norris is permanently disabled from performing the duties of a Firefighter.
It was indicated that while this is noted as a degenerative disease, it is not something that would have been picked up in the pre-employment physical. It was also reported Mr. Norris
was an active firefighter for 14 years and suffered no problems until the accident.
Trustee Berfield moved to grant Harry L. Norris, Jr. a job-connected disability pension. The motion was duly seconded and carried unanimously.
ITEM #4 - Request for Pension:
The City Manager presented the recommendation of the Pension Advisory Committee that Robert C. Spitaleri be granted a non-job-connected disability pension under Section 26.34 of the
Employees' Pension Plan.
Mr. Spitaleri was employed by the City as a Police Officer on July 12, 1982, and began participating in the pension plan on that date. He suffers from multiple sclerosis which resulted
in his application for a non-job-connected disability pension.
Doctors reports state that Mr. Spitaleri has multiple sclerosis with optic neuritis. The report from Dr. Beck indicates "he was diagnosed with multiple sclerosis in May 1991, after
developing numbness on the right side of his body. He had some, but incomplete recovery .... The deficits in optic nerve function that he currently has are permanent .... with his visual
impairment, I do not believe it is safe for him to be placed in potentially dangerous situations". The report from Dr. Taldone states "I believe the decrease in vision is real and I
believe that he could have visual fluctuation corresponding to temperature change and exercise .... I believe that these factors can be taken into consideration when one evaluates his
ability to perform as a police officer". Mr. Spitaleri is disabled from performing his duties as a Police Officer with the City.
Trustee Regulski moved to grant Robert C. Spitaleri a non-job-connected disability pension. The motion was duly seconded and carried unanimously.
ITEM #5 - Other Business: None.
ITEM #6 - Adjournment:
The meeting adjourned at 10:15 a.m.