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03/01/1993 TRUSTEES OF THE EMPLOYEES' PENSION FUND MEETING March 1, 1993 The City Commission, meeting as the Board of Trustees of the Employees Pension Fund, met in regular session at City Hall, Monday, March 1, 1993 at 9:01 A.M., with the following members present: Rita Garvey Chairperson Richard Fitzgerald Trustee Sue Berfield Trustee Arthur X. Deegan, II Trustee Mayme W. Hodges Trustee Also Present were: Michael J. Wright City Manager Milton A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk ITEM #2 - Minutes: Trustee Fitzgerald moved to approve the minutes of the February 1, 1993, meeting. The motion was duly seconded and carried unanimously. ITEM #3 - Request for Acceptance into Membership: The City Manager presented the recommendation of the Pension Advisory Committee to approve membership for the employee(s) listed below: a) William H. Whitson b) Monica Reed c) James W. Noffz Trustee Berfield 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 presented the recommendation of the Pension Advisory Committee that Tommy Williams be granted a regular pension under Section 2.396 of the Employees' Pension Plan. Mr. Williams was employed on July 19, 1966 and began participating in the pension plan on January 19, 1967. His retirement will be effective on February 5, 1993 at the end of the day. Mr. Williams' pension was approved by the PAC at its meeting of February 17, 1993. Based on an average salary of approximately $27,314 over the past five years and the formula for computing regular pensions, Mr. Williams' pension will approximate $17,754 annually. Charts from Finance which take into consideration mortality rates and age reflect the "present value cost of financing" this pension will be approximately $165,522. Note: For a number of years prior to and at the time Mr. Williams was employed by the City, the pension plan was interpreted to provide that employees did not participate in the plan during their first six months of employment. A Circuit Court ruling on November 2, 1972, changed that interpretation and provided employees hired prior to the Court's ruling the opportunity to "make up" the initial six-month period by payment of an amount equal to the pension deduction that would have been withheld during that time of non-participation plus interest. Mr. Williams did not exercise the option to "make up" the initial six months of time for pension service credit; thus, there is a difference in his date of hire and pension service date. Trustee Fitzgerald moved to accept the recommendation of the Pension Advisory Committee. The motion was duly seconded and carried unanimously. ITEM #5 - Request for Pension: The City Manager presented the recommendation of the Pension Advisory Committee that Terrence Rowe be granted a job-connected disability pension under Section(s) 2.397 and/or 2.399 of the Employees' Pension Plan. Mr. Rowe was employed on March 13, 1989 and began participating in the pension plan on that date. He suffered an injury to his back and leg on April 27, 1992, at work when he fell while exiting his truck. Mr. Rowe has submitted letters from Dr. R. W. Springstead, dated December 21, 1992; Dr. Thomas L. Bernasek, dated December 2, 1992; Dr. Susan M. Miller, dated December 8, 1992; Dr. Reed Murtagh, dated July 1, 1992; and Dr. Lidia Linetsky, dated July 1, 1992, in support of his request for a disability pension. The letter from Dr. Springstead states, "In my opinion he is totally disabled from his previous job working as an air-conditioning technician. He can not return to full activities of that nature. I believe his present condition is permanent and will not improve." The letter from Dr. Bernasek states, "In my opinion, this patient is totally disabled with regards to his job classification as an air conditioning technician. I do not believe that he can return to full duty activities, and I believe this will be a permanent situation." Regarding Worker's Compensation history, following his referral to Walk-In Clinic at the time of the accident, Mr. Rowe's worker's compensation file reveals he was examined by Dr. John Sullivan in May for an orthopedic consultation. Dr. Sullivan's letter of May 19, 1992, relates that "my impression is a severe contusion of the left hip superimposed on severe degenerative arthritis. I believe that Mr. Rowe will eventually require total hip replacement ..." He related further that this should be partially covered by worker's compensation. On May 28, Dr. Robert Vollbracht examined Mr. Rowe for a neurological consultation. A nerve conduction report at that time was normal. Dr. Vollbracht relates his impressions as follows: 1) Cervical strain; 2) Thoracolumbar strain; 3) Right pectoralis chest wall pain; and 4) Atypical non-anatomic numbness with no associated loss of motor strength or reflexes. Dr. Bernasek examined Mr. Rowe on June 24, 1993, and his assessment was as follows: 1) Advanced degenerative arthritis of the left hip, exacerbated by a work related accident; 2) Rotator cuff strain of the right shoulder with probable pectoralis major muscle stain; and 3) Mechanical low back pain, possibly suggestive of a mild compression fracture, although current symptoms do not go well with this. Other information provided regarding Mr. Rowe is that he served in the military in Vietnam and had shrapnel wounds, sustaining multiple lower extremity penetrating wounds. Staff finds this may be a case similar to past cases in which an employee was admitted to the pension plan with undetected or developing medical problems and/or some history of previous injuries that did not preclude the employee from proper work performance. In this instance, Mr. Rowe performed normal duties for a period of time exceeding three years. His original examination for pension without X-rays and without previous symptoms to the employee likely would not have reflected the degenerative arthritis. Mr. Rowe's disability appears to be a product of a job-related accident which has exacerbated pre-existing conditions. Mr. Rowe's disability pension was approved by the PAC at its meeting of February 17, 1993. Based on an average salary of approximately $21,551 over the past four years and the 75% minimum disability benefit, Mr. Rowe's pension will approximate $16,163 annually. Charts from Finance which take into consideration mortality rates and age reflect the "present value cost of financing" this pension will be approximately $181,007. In response to questions, H. M. Laursen, Human Resources Director, indicated the pre-employment physical showed Mr. Rowe to be in good health. The injury aggravated the degenerative arthritis not the Vietnam wounds. He stated he could not say whether the injury would have been debilitating if there had been no pre-existing conditions. Trustee Fitzgerald moved to accept the recommendation of the Pension Advisory Committee. The motion was duly seconded and carried unanimously. ITEM #6 - Request for Pension: The City Manager presented the recommendation of the Pension Advisory Committee that Floyd G. Carter be granted a non-job-connected disability pension under Section 2.396 of the Employees' Pension Plan. Mr. Carter was employed on January 30, 1975 and began participating in the pension plan on that date. He suffers from acute severe ischemic cardiomyopathy (weakening of the heart muscle) which is the basis for his request for a disability pension. Mr. Carter has submitted letters from Dr. David A. Bernstein, dated 1/15/93; Dr. Paul L. Phillips, dated 12/24/92; and Dr. Jerold J. Reibman, dated 12/8/92, in support of his request. The letter from Dr. Bernstein states, "In all likelihood, this patient is totally and permanently disabled as a result of the severe coronary artery disease, chronic obstructive pulmonary disease, and a very poor cardiac vascular function ... I do not think he is a candidate for employment, vocational rehabilitation or returning to his current position." The letter from Dr. Phillips states, "I consider Mr. Floyd Carter to be totally and permanently disabled ... I do not think he is a candidate for any employment or vocational rehabilitation." The letter from Dr. Reibman states, "I believe that based on Mr. Carter's medical problems and condition he is unable to perform his job as general service director for the City of Clearwater." Mr. Carter originally submitted a request for a job-connected disability pension. The PAC advised Mr. Carter that the medical statements did not support that request. At its meeting of February 17, 1993, the PAC approved a non-job-connected disability pension for Mr. Carter with the provision that he could come back later with further documentation to support his original request for a job-connected disability pension. Based on an average salary of approximately $60,914 over the past five years and the formula for computing non-job-connected disability pensions, Mr. Carter's pension will approximate $27,411 annually. Charts from Finance which take into consideration mortality rates and age reflect the "present value cost of financing" this pension will be approximately $242,442. In response to a question, H. M. Laursen, Human Resources Director, indicated the PAC did indicate Mr. Carter could come back to them for a job-connected disability pension if he had additional evidence to support that request. Trustee Berfield moved to accept the recommendation of the Pension Advisory Committee. The motion was duly seconded and carried unanimously. ITEM #7 - Other Business: - None. ITEM #8 - Adjournment: The meeting adjourned at 9:10 a.m.