08/30/1993 TRUSTEES OF THE EMPLOYEES' PENSION FUND MEETING
August 30, 1993
The City Commission, meeting as the Board of Trustees of the Employees Pension Fund, met in regular session at City Hall, Monday, August 30, 1993 at 9:00 A.M., with the following members
present:
Rita Garvey Chairperson
Richard Fitzgerald Trustee
Sue Berfield Trustee
Arthur X. Deegan, II Trustee
Fred Thomas 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 August 16, 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) Craig Warner
b) Ronald E. Flanery
Trustee Berfield moved to accept the recommendation of the Pension Advisory Committee. The motion was duly seconded and carried unanimously.
ITEM #4 - Other Business:
a) PAC re: Jansen eligibility
At the PAC meeting on August 18, 1993, the Committee considered for approval into the Pension Plan new employee Mark Jansen, who has been hired as an Air Conditioning Technician. Mr.
Jansen's physical indicated he is overweight and has a 20% disability. The Committee raised concerns as to Mr. Jansen being a high risk.
At that meeting Ed Hooper moved this be brought to the attention of the Trustees prior to the Committee approving Mr. Jansen for pension participation.
Concern was expressed that Mr. Jansen already qualifies for a disability pension.
It was pointed out that while the PAC adopted medical standards the Trustees have not. The PAC is looking for direction and is questioning their ability to refer him to a spinal specialist.
H. M. Laursen, Human Resources Director, stated that despite Mr. Jansen's size, doctors did pass the recommendation to be accepted to the pension plan. It does appear that with the
20% disability Mr. Jansen would have trouble performing the job.
Chairperson Garvey questioned the issue of medical standards. Mr. Laursen responded the doctors are stating Mr. Jansen is capable of doing the job today, but they can not assure he
will be able to in the future. He stated nothing in the plan relates to level of risk.
The City Manager questioned if an additional medical opinion could be obtained. Mr. Laursen responded the PAC has been given blanket authority to get second opinions.
The City Attorney stated as this issue was being heard for the first time, he could not respond today regarding eligibility of someone already at 20% disabled. Mr. Laursen stated Mr.
Jansen is under social security at the present time.
Mr. Hooper questioned if Mr. Jansen is determined not acceptable for pension, only social security, if there may be ADA discrimination impact. The City Manager stated a second opinion
on this issue is needed. Chairperson Garvey felt a legal opinion is needed also.
Trustee Thomas felt it was time to totally review disability being a part of the Pension Plan. Chairperson Garvey stated this is all part of bargaining issues.
Trustee Berfield questioned if Mr. Jansen could be required to take the additional physical and Mr. Laursen responded he could be.
Trustee Thomas moved to authorize Human Resources and the PAC to get a second expert medical opinion and a total legal opinion from the legal department and labor counsel. The motion
was duly seconded and carried unanimously.
Mr. Laursen stated a memo regarding computation of pension, explaining present value cost was prepared. Consensus was to put it in commission mail.
ITEM #5 - Adjournment:
The meeting adjourned at 9:20 a.m.