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08/29/1994 TRUSTEES OF THE EMPLOYEES' PENSION FUND MEETING August 29, 1994 The City Commission, meeting as the Board of Trustees of the Employees Pension Fund, met in regular session at City Hall, Monday, August 29, 1994 at 11:45 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 Miles Lance Assistant City Attorney Cynthia E. Goudeau City Clerk ITEM #2 - Minutes: Trustee Deegan moved to approve the minutes of the August 15, 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) Susan Chase b) Vincent Mazza c) Liza Beebe d) Jacqueline Hall e) Dimas Rivera Burgos 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 Van Horton be granted a job-connected disability pension under Section(s) 2.397 and/or 2.399 of the Employees' Pension Plan. Van Horton was employed by the City on August 28, 1978, and began participating in the Pension Plan on that date. On January 6, 1994, he suffered a heart attack which is the basis for his request for a job-connected disability pension. Mr. Horton has submitted letters from Dr. Donald R. Eubanks, dated May 6, 1994, and Dr. Richard Sola, dated June 6, 1994. The letter from Dr. Eubanks states, "Mr. Horton sustained an acute inferior wall myocardial infarction .. I consider Mr. Horton to be permanently unemployable and unable to perform rigorous and stressful functions demanded by being employed as a fire fighter." The letter from Dr. Sola states, "Mr. Horton is a 45-year old male who suffered a recent inferior myocardial infarction ... I consider Mr. Horton a good candidate for permanent disability. His current employment as a fire fighter and the physical and stressful functions demanded by this employment would most likely have a negative effect on his long term cardiovascular status." Under F.S. 112.18, there is a presumption that any heart or lung disease incurred by a firefighter is presumed to be job-connected. Mr. Horton's request for a job-connected disability pension was approved by the PAC at its meeting of August 3, 1994. This pension will be effective at the expiration of his vacation and sick leave as prorated with Workers' Compensation. Based on an average salary of approximately $36,197 over the past five years and the formula for computing job-connected disability pensions, Mr. Horton's pension will approximate $27,148 annually. Charts from Finance which take into consideration mortality rates and age reflect the "present value cost of financing" this pension will be approximately $307,136. Trustee Thomas questioned the difference in cost between a job-connected and non-job-connected disability in this case. H. M. Laursen, Human Resources Director, indicated Mr. Horton would receive 75% of the average of his last five years' salary under a job-connected disability; he would receive somewhere in the low 40's% based on his 16 years of service for a non-job-connected disability. Trustee Thomas stated he did not feel the Trustees had to accept the presumption that this is job-connected. He requested a medical review for a clear determination that this is a job-connected disability. Ed Hooper, PAC member, stated the presumption clearly states that any occurrence of heart or lung disability to a firefighter is considered to be in the line of duty. He said a doctor will not definitively state it is in the line of duty, but the law is clear, and Mr. Horton is entitled to a job-connected disability. Miles Lance, Assistant City Attorney, stated the presumption is very strong and while acceptance may not be mandatory, it would be difficult to win a denial. Trustee Thomas expressed concern regarding the significant difference in cost for a job-connected disability. Chairperson Garvey stated the courts go with the presumption. Trustee Deegan 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 11:53 a.m.