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03/04/2004 . . . PENSION ADVISORY COMMITTEE MEETING CITY OF CLEARWATER March 4, 2004 Present: Vice-Chair Committee Member/Commissioner Committee Member/Commissioner Committee Member/Commissioner Committee Member John Lee Hoyt P. Hamilton Frank Hibbard William C. Jonson John Schmalzbauer Absent: Committee Member Committee Member Tom Jensen Nathan Hightower Also Present: Joe Roseto Stuart Kaufman Brenda Moses Human Resources Director Pension Advisory Committee Attorney Board Reporter The Vice-Chair called the meeting to order at 9:00 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 2. Approval of Minutes - February 12. 2004 Member Hamilton moved to approve the minutes of the regular meeting of February 12, 2004, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 3. Employees to be Heard - None. 4. Action Items: a. Review and Action on Employee Requests for Years of Service Pensions: 1. David Daiker, Fire 2. Charles Saporito, Fire 3. William Gillette, Fire 4. Jeffery Klamo, Parks & Recreation 5. Robert Miller, Parks & Recreation Member Hibbard moved to approve Years of Service Pensions for David Daiker, Charles Saporito, William Gillette, Jeffery Klamo, and Robert Miller. The motion was duly seconded and carried unanimously. b. Review and Action on Employee Requests to Vest Pensions: 1. Dale Stoddard, Police Member Schmalzbauer moved to approve an employee request to vest pension for Dale Stoddard. The motion was duly seconded and carried unanimously. Pension Advisory 2004-03-04 1 . . . c. Approval of New Hires as Plan Members: As of February 18, 2004, the City had 1,770.93 FTEs out of 1895.4 budgeted positions. Guillermo Lopez was originally hired as temporary; status changed to full-time and pension eligible as of February 9, 2004. Jason Johnson was originally hired as temporary; status changed to full-time and pension eligible as of February 9, 2004. Member Jonson moved to accept the following employees into membership in the Pension Plan: Name. Job. Class. & Dept./Div. Hire Date Pension Elig. Date Sergio Fidelis, Police Cadet/Police 1/12/04 Amy Forrest, Staff Assistant/Economic Dev & Housing 2/2/04 Tracie Black, Police Officer/Police 1/12/04 Clement Vericker, Senior Auditorllnternal Audit 2/9/04 Shaun Beasley, Recreation Specialist/Parks & Recreation 2/9/04 George Agovino, Police Cadet/Police 1/12/04 Richard Callahan, Police Officer/Police 1/12/04 Christopher Priest, Police Officer/Police 1/12/04 Guillermo Lopez, Solid Waste Worker/Solid Waste 1/26/04 Jason Johnson, Solid Waste Worker/Solid Waste 1/26/04 Shaun Beasley, Recreation Specialist/Parks & Recreation 2/7/04 Gregory Harvey, Recreation Programmer/Parks & Recreation 2/7/04 1/12/04 2/2/04 1/12/04 2/9/04 2/9/04 1/12/04 1/12/04 1/12/04 2/9/04 2/9/04 2/7/04 2/7/04 The motion was duly seconded and carried unanimously. 5. Pendinq/New Business a. Frank Young - Set Hearing Date for Non-job-connected Disability Pension PAC (Pension Advisory Committee) Attorney Stuart Kaufman said the IME (Independent Medical Examination) will not be scheduled until April due to the physician's schedule, therefore he suggested postponing setting the hearing date until the April 8, 2004, meeting. Member Hamilton moved to postpone setting the hearing date for the non-job-connected disability pension for Frank Young until the April meeting. The motion was duly seconded and carried unanimously. b. Evers Maxie - Set Hearing Date for Non-job-connected Disability Pension Mr. Kaufman said the IME report should be ready in time for the next meeting. Two years ago, Mr. Maxie filed and was denied a job-connected-disability request. Those medical records will be included as part of the information provided to the PAC. Member Hamilton moved to schedule a hearing for the non-job-connected disability pension request by Evers Maxie on April 8, 2004. The motion was duly seconded and carried unanimously. Pension Advisory 2004-03-04 2 . . . c. Joseph Rinaldi - Reconsideration for Non-job-connected Disability Pension Mr. Kaufman said Sergeant Joseph Rinaldi passed away on November 8, 2003. Prior to death, he filed an application for a non-service connected disability. Sergeant Rinaldi's son is requesting that the disability application be processed, as it was filed prior to his death. Mr. Kaufman said nothing in the ordinance prohibits the PAC from processing the application and considering a disability pension request after an applicant is deceased. The Pension Plan requires that the participant submit to an IME prior to eligibility for a disability benefit. Prior to death, Sergeant Rinaldi submitted the reports of two physicians along with his application. Mr. Kaufman stated the PAC could adopt the reports as Sergeant Rinaldi's IMEs, or Sergeant Rinaldi's medical records can be submitted to an IME physician for review to satisfy the requirement. In response to a question, Mr. Kaufman said the medical records can be submitted into evidence today or at the time of the hearing. Member Schmalzbauer moved to accept the medical records of the two physicians submitted with the application into evidence as part of the record. The motion was duly seconded and carried unanimously. Mr. Kaufman requested the PAC also set a hearing date. Member Schmalzbauer moved to schedule a hearing for the non-job-connected disability pension request by Joseph Rinaldi for April 8, 2004. The motion was duly seconded and carried unanimously. d. Tania Alich - Hearing for Job-connected Disability Pension Mr. Kaufman said Police Officer Tania Alich has applied for a job-connected disability pension. He reviewed the eligibility criteria that the PAC must consider for a disability pension. While on duty in February 2003, Officer Alich was involved in an incident. As a result, she suffered some psychOlogical and physical issues. She was seen by Dr. Eric Michael Kaplan and Dr. G. E. Vega, two IME physicians. Dr. Kaplan determined that Ms. Alich is totally disabled from performing as a full duty police officer, but stated with appropriate treatment it is possible that she could return to light duty work within six months. Dr. Vega indicated that based on her physical condition, including back and neck problems, Ms. Alich cannot perform as a police officer and is totally and permanently disabled. Mr. Kaufman reviewed the exclusionary factors that the PAC also must consider. He explained the process for hearing the case and noted that Ms. Alich is being represented by legal counsel. Don Andersen, representative, said two IMEs were performed. He said the reports indicate prolonged standing, sitting, and walking create problems for Ms. Alich. A physical examination indicates evidence there is up to 50% loss of range of motion in the neck and up to 60% loss of range of motion in the lower back as well as a limp left leg. Dr. Vega indicates the injuries are permanent. Mr. Andersen reviewed Ms. Alich's current medications and major symptoms. He said her GAF (Global Ability Function) is significantly lower than the minimum required GAF of 70 for a full duty police officer. She also possesses an inability to be around others. The information provided also indicates that none of the exclusionary factors are present and that the incident occurred while on the job. He said the information provided regarding Ms. Alich's condition speaks for itself. Pension Advisory 2004-03-04 3 . . . Mr. Kaufman requested the PAC accept the information provided. Member Hibbard moved to accept the information provided to the PAC, including IME reports of Dr. Kaplan and Dr. Vega, and the Worker's Compensation records. The motion was duly seconded and carried unanimously. Human Resources Director Joe Roseto said the City feels Ms. Alich's injuries are job- connected, that none of the exclusionary factors apply, that the applicant is totally and permanently disabled, that the applicant is eligible for a disability pension, and the City does not object to the disability request being granted. It was remarked that Officer Alich is a great police officer. Member Schmalzbauer moved to grant the request of Tania Alich for a full job- connected disability pension based on the disability being total and permanent, with none of the exclusionary factors being present. The motion was duly seconded. Discussion ensued. It was remarked that doctors' handwriting as always, is poor and difficult to read. It was felt based on the evidence provided that the conditions are present to grant the disability request. Ms. Alich was thanked for her service and dedication to the City. It was remarked that some of the statements in one of the IME reports appear to be contradictory. Upon the vote being taken, the motion carried unanimously. 6. Director's Reports -None. 7. Committee Members to be Heard Trustee Hibbard expressed concern that one of the physicians in Tania Alich's case made his final diagnosis fit the City's disability policy. He would like to see the City offer a light duty position for employees that are not totally disabled. It was remarked that State Statutes preclude police officers and firefighters from physically performing certain duties even on light duty status. Mr. Roseto said the threshold for sworn and non-sworn officers differs. The challenge is if the City wants to take police officers off the street and make clerical-type positions available to them. Once a police officer accepts a non-sworn position, their benefits change. Concern was expressed about the pension eligibility requirements for sworn officers who wish to become reemployed with the City in another capacity. Mr. Kaufman said the changes to the Pension Plan are being finalized. In addition, consideration is being given to the interpretation of Chapters 175 and 185 of Florida Statutes, and the criteria regarding fire and police pensioners who come back to the City with respect to whether pension benefits would be suspended and recalculated based upon their subsequent period of employment, or whether they should be allowed to begin vesting anew. It was remarked there was some duplication in the information provided to the PAC regarding Ms. Alich's case. It was remarked that sometimes portions of one doctor's reports are inadvertently attached to another doctor's reports. Mr. Roseto said staff strives to ensure all the pertinent information is provided to the PAC. He said materials sometimes are sent to Pension Advisory 2004-03-04 4 . . . the internal printing department for compilation and extra prints may have inadvertently been duplicated. In response to a question, Mr. Kaufman said he has not received an update from the court regarding the Alvarez appeal for a job-connected disability pension. The PAC had denied the request and granted Ms. Alvarez a non-job-connected disability. Mr. Kaufman invited the PAC to attend Klausner & Kaufman's client workshop on March 28,2004, at Pier 66 in Ft. Lauderdale. The only cost to attendees would be their hotel room. Dinner is free. Educational conferences are held Sunday afternoon and all day Monday and Tuesday. It is a great opportunity for Trustees to discuss pension matters with other Trustees throughout the country. Mr. Roseto requested Trustees who wish to attend the conference should let him know as soon as possible so that he can ensure their costs are covered. In response to a question, Mr. Kaufman said next year's conference will be in Orlando. In response to a question, he said he would try to work in a weekend day into the schedule if possible. 8. Adiournment The meeting adjourned at 9: 35 a.m. ~r~ hair Pension Advisory Committee \ Attest: 'ljMda) ZIrOYh oard Reporter Pension Advisory 2004-03-04 5