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05/16/1994 TRUSTEES OF THE EMPLOYEES' PENSION FUND MEETING May 16, 1994 The City Commission, meeting as the Board of Trustees of the Employees Pension Fund, met in regular session at City Hall, Monday, May 16, 1994 at 9:19 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: Elizabeth M. Deptula City Manager Alan Zimmet Interim City Attorney Cynthia E. Goudeau City Clerk ITEM #2 - Minutes: Trustee Deegan moved to approve the minutes of the May 2, 1994, 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) Marlene D. Shinholser b) Louise Breault c) Jill Divens d) Frances Lantz e) Lisa M. Lisanti Trustee Thomas moved to accept the recommendation of the Pension Advisory Committee. The motion was duly seconded and carried unanimously. ITEM #4 - Other Business: Trustee Deegan requested Interim City Attorney Zimmet's reply to Robert Walker's letter regarding the McMullen disability. Trustee Thomas felt with the legal structure as it is now, there was no right of choice for the Trustees, in a sense they can only rubber stamp this issue. He requested the Interim City Attorney and City Manager bring forward a restructuring of the disability pension. Chairperson Garvey stated this was a bargainable issue and has to be put to a referendum. Trustee Thomas believed the Trustees/Commission have the right to put this to referendum. The Interim City Attorney stated an impasse procedure is needed first. Deputy City Manager Rice stated it is being actively bargained. Trustee Deegan stated he hoped the Interim City Attorney's response to Mr. Walker would address the Trustees' ability to remand issues to the PAC. The Interim City Attorney stated Mr. Walker's second letter backed off a little. The response will state the Trustees' position. H. M. Laursen, Human Resources Director, stated the PAC sent Mr. McMullen for an Independent Medical Examination (IME). Chairperson Garvey questioned if the Trustees have the authority to remand. The Interim City Attorney and Mr. Laursen indicated they do. ITEM #5 - Adjournment: The meeting adjourned at 9:25 a.m.