02/14/1994 TRUSTEES OF THE EMPLOYEES' PENSION FUND MEETING
February 14, 1994
The City Commission, meeting as the Board of Trustees of the Employees Pension Fund, met in regular session at City Hall, Monday, February 14, 1994 at 1:00 P.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:
Elizabeth M. Deptula Interim 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 January 31, 1994, meeting. The motion was duly seconded and carried unanimously.
ITEM #3 - Request for Regular Pension:
The City Manager presented the recommendation of the Pension Advisory Committee that Felix J. Janocha be granted a regular pension under Section 2.396 of the Employees' Pension Plan.
Felix J. Janocha was employed on January 15, 973, and began participating in the Pension Plan on July 18, 1973. His retirement will be effective on March 1, 1994, at the beginning
of the day.
Mr. Janocha's pension was approved by the PAC at its meeting of January 19, 1994. Based on an average salary of approximately $55,551 over the past five years and the formula for computing
regular pensions, Mr. Janocha's pension will approximate $27,776 annually. Charts from Finance which take into consideration mortality rates and age reflect the "present value cost
of financing" this pension will be approximately $190,483.
Note: When Mr. Janocha was originally employed, pension deductions were not taken for the first six months and employees contributed to Social Security. When employees were given
an option to buy fack their first six months of service, Mr. Janocha chose not to exercise such option.
Trustee Berfield moved to accept the recommendation of the Pension Advisory Committee. The motion was duly seconded and carried unanimously.
ITEM #4 - Request for Non-Job-Connected Disability Pension:
The City Manager presented the recommendation of the Pension Advisory Committee that Ronald Nessler be granted a non-job-connected disability pension under Section(s) 2.396 and/or 2.399
of the Employees' Pension Plan.
Ronald Nessler was employed on August 25, 1975, an began participating in the Pension Plan on that date.
On December 14, 1993, Mr. Nessler submitted a request to the PAC for a disability pension. Mr. Nessler suffers from carcinoma of the lungs which is the basis for this request for pension.
Mr. Nessler submitted letters from Dr. Gerald Robbins, dated December 20, 1993; Dr. William Paladine, dated November 9, 1992; and Dr. Margaret Coyle, dated January 18, 1994.
In that Mr. Nessler works in the water treatment plant and is exposed to various chemicals, he originally applied for a job-connected disability pension although there was no evidence
to substantiate that request. Upon review of the documentation submitted, the PAC advised Mr. Nessler that the evidence would support a non-job-connected disability. Mr. Nessler agreed
to proceed with a request for a non-job-connected disability pension.
The letter from Dr. Robbins states Mr. Nessler "... was treated with radiation therapy and chemotherapy ... he has had frequent respiratory infections. He certainly would have permanent
damage to his lung as a result of both cancer and radiation therapy. While he can perform activities of daily living, his cancer, radiation and chemotherapy, and frequent infections,
preclude active employment at the present time." The letter from Dr. Coyle states ".. he has received adjuvant chemotherapy and radiation therapy. Subsequently he has developed recurrent
respiratory infections ... I concur with Dr. Robbins that this patient's underlying pulmonary condition and risk for serious deterioration of his health from repeated pulmonary infections
preclude active employment at his current job." The letter from Dr. Paladine states "Because of the grim outlook and the difficulty the patient will have with continued management of
this disease, we think he should be considered permanently disabled."
Mr. Nessler's pension was approved by the PAC at its meeting of January 19, 1994. Based on an average salary of approximately $33,882 over the past five years and the formula for computing
non-job-connected disability pensions, Mr. Nessler's pension will approximate $15,671 annually. Charts from Finance which take into consideration mortality rates and age reflect the
"present value cost of financing" this pension will be approximately $133,376.
Trustee Thomas questioned if staff was ready to come forward with changes regarding disability in the pension plan.
Deputy City Manager Rice responded staff has not met yet with the union to negotiate this.
Trustee Thomas asked if legal has drafted anything on this issue. Ms. Rice responded this would not be done until bargaining takes place.
Trustee Thomas questioned whether a draft could be provided prior to bargaining.
Interim City Manager Deputla stated this could cause the City to be accused of not bargaining in good faith.
Trustee Fitzgerald moved to accept the recommendation of the Pension Advisory Committee. The motion was duly seconded and carried unanimously.
ITEM #5 - Other Business: - None.
ITEM #6 - Adjournment:
The meeting adjourned at 1:02 p.m.