01/16/2001
TRUSTEES OF THE EMPLOYEES' PENSION FUND MEETING
CITY OF CLEARWATER
January 16, 2001
Present: Brian J. Aungst Chair
J. B. Johnson Vice-Chair/Trustee
Robert Clark Trustee
Ed Hart Trustee
F. David Hemerick Trustee
Also present: William B. Horne II Interim City Manager
Pamela K. Akin City Attorney
Lee Dehner Pension Trustees Attorney
Paul O'Rourke Human Resources Administrator
Cynthia E. Goudeau City Clerk
Brenda Moses Board Reporter
The Chair called the meeting to order at 10:13 a.m. at City Hall.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #2 - Approval of Minutes:
Trustee Hart moved to approve the minutes of the December 4, 2000, meeting, as
motion
recorded and submitted in written summation by the City Clerk to each Trustee. The
carried
was duly seconded and unanimously.
ITEM #3 - Request for Acceptance into Membership:
The Interim City Manager presented the recommendation of the Pension Advisory
Committee to approve membership for the employees listed below:
Kamen Brant, Michael Pizzorusso, Lisa Turcotte, Mark Roberson, Diane Angello, William
Dillashaw, Sharon Hofle, James Potts, Michael Anderson, Shizuka Wire, Candy Hansen,
Angela Creel, Stephen Agathos, Brian Murphree, James Jerkins, Lynne Pulizotto, & Rodgerick
Scott
Trustee Hart moved to accept the recommendation of the Pension Advisory Committee.
motioncarried
The was duly seconded and unanimously.
ITEM #4 - Request for Pension:
The Interim City Manager presented the recommendation of the Pension Advisory
Willie Jeter, Frank Bowler, Douglas Bunting, John H. Donaldson, James H.
Committee that
Moore, Charles Castanza, & Tami Jo Swain regular pensions
be granted under Section(s)
2.393 and 2.397 of the Employees' Pension Plan.
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Willie Jeter was employed on June 29, 1976, and his pension service credit is effective
on December 29, 1976. His pension will be effective February 1, 2001.
Based on an average salary of approximately $27,726 per year over the past 5 years,
the formula for computing regular pensions, and Mr. Jeter's selection of the 100% Joint &
Survivor Annuity, this pension will approximate $17,853 annually.
Frank Bowler was employed on June 1, 1981, and his pension service credit is effective
on that date. His pension will be effective July 1, 2001.
Based on an average salary of approximately $41,984 per year over the past 5 years,
the formula for computing regular pensions, and Mr. Bowler's selection of the 75% Joint &
Survivor Annuity, this pension will approximate $23,362 annually.
Douglas Bunting was employed on May 19, 1975, and his pension service credit is
effective on that date. His pension will be effective February 1, 2001.
Based on an average salary of approximately $42,647 per year over the past 5 years,
the formula for computing regular pensions, and Mr. Bunting's selection of the 100% Joint &
Survivor Annuity, this pension will approximate $29,697 annually.
John H. Donaldson was employed on August 28, 1978, and his pension service credit
is effective on that date. His pension will be effective December 1, 2000.
Based on an average salary of approximately $61,153 per year over the past 5 years,
the formula for computing regular pensions, and Mr. Donaldson's selection of the Life Annuity,
this pension will approximate $37,930 annually.
James H. Moore was employed on August 8, 1967, and his pension service credit is
effective on that date. His pension will be effective December 1, 2000.
Based on an average salary of approximately $59,792 per year over the past 5 years,
the formula for computing regular pensions, and Mr. Moore's selection of the 100% Joint &
Survivor Annuity, this pension will approximate $53,620 annually.
Charles Castanza was employed on March 1, 1976, and his pension service credit is
effective on October 9, 1976. His pension will be effective February 1, 2001.
Based on an average salary of approximately $44,237 per year over the past 5 years,
the formula for computing regular pensions, and Mr. Castanza's selection of the 100% Joint &
Survivor Annuity, this pension will approximate $28,961 annually.
Tami Jo Swain was employed on October 13, 1980, and her pension service credit is
effective on that date. Her pension will be effective December 1, 2000.
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Based on an average salary of approximately $47,367 per year over the past 5 years,
the formula for computing regular pensions, and Ms. Swain's selection of the Joint & Survivor
Annuity, this pension will approximate $26,197 annually.
These pensions were approved by the PAC on December 14, 2000. Section 2.393(p)
provides for normal retirement eligibility when a participant has reached age 55 and completed
20 years of credited service, has completed 30 years of credited service, or has reached age
65 and completed 10 years of credited service. Section 2.393 (p) also provides for normal
retirement eligibility when a participant has completed 20 years of credited service in a type of
employment described as “hazardous duty” and further specifically defines service as a
Firefighter/Driver Operator, Fire Lieutenant/Rescue Paramedic, and Police Officer as meeting
the hazardous duty criteria. Mr. Jeter and Mr. Bowler qualify under the age 55 and 20 years of
service criteria and Mr. Bunting, Mr. Donaldson, Mr. Moore, Mr. Castanza, and Ms. Swain
qualify under the hazardous duty criteria.
Trustee Johnson moved to accept the recommendation of the Pension Advisory
motioncarried
Committee. The was duly seconded and unanimously.
ITEM #5 - Request to Vest Pension:
The Interim City Manager presented the recommendation of the Pension Advisory
Jeffrey L. Patterson vest his pension
Committee that be allowed to under Section(s) 2.397
and 2.398 of the Employees' Pension Plan.
Jeffrey L. Patterson was employed on October 24, 1983, and his pension service credit
is effective on that date. He resigned from City employment on December 29, 2000.
The Employees’ Pension Plan provides that should an employee cease to be an
employee of the City of Clearwater after completing 10 or more years of creditable service
(pension participation), then such employee shall acquire a vested interest in the retirement
benefits. Vested pension payments commence on the first of the month following the month in
which the employee normally would have been eligible for retirement.
Section 2.393(p) provides for normal retirement eligibility when a participant has
reached age 55 and completed 20 years of credited service, has completed 30 years of
credited service, or has reached age 65 and completed 10 years of credited service. Section
2.393 (p) also provides for normal retirement eligibility when a participant has completed 20
years of credited service in a type of employment described as “hazardous duty” and further
specifically defines service as a Police Captain as meeting the hazardous duty criteria. Mr.
Patterson would have completed 20 years of service on October 24, 2003. His pension will be
effective on November 1, 2003. This request was approved by the PAC on December 14,
2000.
Trustee Clark moved to accept the recommendation of the Pension Advisory
motioncarried
Committee. The was duly seconded and unanimously.
Survivor's Pension
ITEM #6 - Request for : Rosa Conn, Widow of James Conn
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The Interim City Manager presented the recommendation of the Pension Advisory
Rosa Conn, widow of James Conn death benefit
Committee that be granted a under Section
2.397 of the Employees' Pension Plan.
James Conn was employed on August 28, 1972, and his pension service credit is
effective on February 28, 1973. Mr. Conn passed away on October 21, 2000. Rosa K. Conn,
widow of James Conn, applied for death benefits on October 24, 2000. Mr. and Mrs. Conn
were legally married on August 28, 1982, thereby entitling her to death benefits under
provisions of the Employees' Pension Plan.
Mrs. Conn's request for death benefits was approved by the PAC on December 14,
2000. The amount of Mrs. Conn's pension will be computed by the Finance Department at a
later date. This pension will be effective November 1, 2000.
Based on an average salary of approximately $34,202 per year over the past five
years, this pension will approximate $25,998 annually.
Trustee Hemerick moved to accept the recommendation of the Pension Advisory
motioncarried
Committee. The was duly seconded and unanimously.
buy back
ITEM #7 - Request to previous pension service credit: Leonard Marotta
The Interim City Manager presented the recommendation of the Pension Advisory
Leonard Marotta
Committee that be allowed to buy back his previous pension service credit.
Leonard Marotta was originally employed on August 26, 1979. Mr. Marotta resigned on
August 26, 1982, after 3 years of service and withdrew his pension contributions in the amount
of $3,890.97. Mr. Marotta formally requested a withdrawal of his resignation under the
appropriate Civil Service Rule. Although this request was made 19 days past the 6-month
deadline, he was granted approval by the City Manager at that time to withdraw the
resignation. He returned to work as a Police Officer on April 25, 1983. Upon his return, Mr.
Marotta's seniority date was adjusted by 241 days, the number of days he was actually gone,
as is done in any case where an employee withdraws a resignation. Additionally, Mr. Marotta
was credited with all his benefits, including sick leave and vacation.
At that time, Mr. Marotta made a request to pay back the monies he had withdrawn
from the Pension Plan. Mr. Marotta was advised by the Police Chief that his request was
denied.
In 1996, Mr. Marotta made another request to buy back his pension service credit. He
was advised that the amount he would have to pay back at that time was in excess of $65,000.
At the PAC meeting on March 11, 1999, Mr. Marotta again asked the Committee to allow him
to buy back the 3 years. After some discussion, a motion was made and carried that Mr.
Marotta be allowed to buy back his previous years of service with interest on the $3,890.97 in
the amount of 5% per year from the date he left in 1982 until the present time. On June 1,
1999, the Pension Trustees approved this buy back request. At a subsequent meeting on
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June 7, 1999, this action of the Trustees, together with the approval of David Krieger's buy
back, was rescinded on the advice of Lee Dehner, the Committee's pension attorney, that the
ordinance did not provide for such buy back. Mr. Krieger subsequently filed suit in Circuit
Court and the action of the Trustees was nullified by the Court and the request to buy back
upheld.
At the PAC meeting of December 14, 2000, Mr. Marotta renewed his request for buy
back pension service on the grounds that he and Mr. Krieger were approved at the same time
and he should be entitled to the same relief granted Mr. Krieger. The PAC approved his
request to buy back 3 years of service by a vote of 6 to 1.
Trustee Johnson moved to accept the recommendation of the Pension Advisory
motion
Committee. The was duly seconded. Upon the vote being taken, Chair Aungst and
carried
Trustees Johnson, Clark, and Hemerick voted “aye”; Trustee Hart voted “nay”. Motion .
ITEM #8 - Other Business - None.
ITEM #9 - Adjournment
The meeting adjourned at 10:16 a.m.
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