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12/10/2015 Pension Advisory Committee Meeting Minutes December 10, 2015 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 e Meeting Minutes Thursday, December 10, 2015 9:00 AM Council Chambers - City Hall Pension Advisory Committee Page 1 City of Clearwater Pension Advisory Committee Meeting Minutes December 10, 2015 Roll Call Present 6 - Chair Nathan Hightower, Vice Chair Tom Jensen, Committee Member Doreen Hock-DiPolito, Committee Member Bill Jonson, Committee Member Laura Damico, Committee Member Greg Newland, Absent 1 - Committee Member Hoyt Hamilton Also Present — Joe Roseto — Human Resources Director, Patricia O. Sullivan — Board Reporter 1. Call To Order The meeting was called to order at 9:00 a.m. at City Hall. 2. Approval of Minutes 2.1 Approve minutes of November 12, 2015 Pension Advisory Committee meeting as submitted in written summation. Member Jonson said he was absent from the November 12, 2015 meeting. In reference to page 6, paragraph 1, sentence 2, it was stated the sentence should read, ". . . included a disclaimer by the City that Mr. Anderson's injury was not job-connected." Member Jensen moved to approve 2 amendments to the minutes of November 12, 2015 Pension Advisory Committee meeting. The motion was duly seconded and carried unanimously. Member Hock-DiPolito moved to approve minutes of November 12, 2015 Pension Advisory Committee meeting as amended. The motion was duly seconded and carried unanimously. 3. Citizens to be Heard Regarding Items Not on the Agenda: None 4. New Business Items 4.1 Recommend approval of the new hires for acceptance into the Pension Plan as listed. Name, Job Classification, Department Pension Eligibility Date Alex McFarlane, Engineering Technician, Gas Department 10/27/2015 Meredith Kambic * Librarian I, Library Department 10/31/2015 Ryan Gibbs ** Police Officer, Police Department 10/31/2015 Jerramee King, Parks Service Technician I, Parks and Recreation 11/02/2015 Travis Presley, Parks Service Technician I, Parks and Recreation 11/02/2015 Gerard Burney, Parks Service Technician I, Parks and Recreation 11/02/2015 Page 2 City of Clearwater Pension Advisory Committee Meeting Minutes December 10, 2015 Jeff Buffie, Engineering Technician, Gas Department 11/02/2015 Pablo Benitez, Gas Technician I, Gas Department 11/02/2015 Dieunice Deris, Human Resources Analyst, Human Resources 11/02/2015 Christin Harris *** Code Enforcement Inspector, Planning & Dev. 11/02/2015 Breanna Reed, Police Comm. Operator Trainee, Police Department 11/02/2015 Raquel Pioquinto Pena, Police Comm. Operator Trainee, Police Dept. 11/02/2015 Maria Scott, Solid Waste Accounts Coordinator, Solid Waste Dept. 11/02/2015 Mario Parades, Graphics Designer, Public Communications 11/16/2015 Tarik Jones **** Solid Waste Worker, Solid Waste Department 11/16/2015 * Meredith Kambic was employed in temporary positions from 2/25/2014 to 11/25/2014 and from 8/11/2015 to 10/02/2015. She was hired into a part time position 10/03/2015 and then a full time position 10/31/2015. She will be eligible for pension as of 10/31/2015. ** Ryan Gibbs was employed as a Police Cadet from 10/19/2015 to 10/30/2015. He was promoted into a Police Officer position effective 10/31/2015 and will be eligible for pension as of 10/31/2015. *** Christin Harris was previously employed with the City of Clearwater from 2/27/2012 to 3/30/2014. She was rehired 11/2/2015 and will be eligible for pension as of 11/2/2015. **** Tarik Jones was employed in a temporary part time position from 4/11/2003 to 11/04/2003. He was hired into a full time position effective 11/17/2003 and resigned effective 6/13/2015. He was rehired 11/16/2015 and will be eligible for pension as of 11/16/2015. Member Jensen moved to recommend approval of the new hires for acceptance into the Pension Plan as listed. The motion was duly seconded and carried unanimously. 4.2 Recommend approval of the following request of employee Robin Gomez, City Auditor, to vest his pension as provided by Section 2.419 of the Employees' Pension Plan. Robin Gomez, City Auditor, was employed by the City on September 16, 1996, and began participating in the Pension Plan on that date. Mr. Gomez terminated from City employment on November 25, 2015. The Employees' Pension Plan provides that should an employee cease to be an employee of the City of Clearwater or change status from full-time to part-time after completing ten or more years of creditable service (pension participation), 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 2.416 provides for normal retirement eligibility for non-hazardous duty employees hired prior to the effective date of this reinstatement (1/1/13), a member shall be eligible for retirement following the earlier of the date on which a participant has reached the age of fifty-five (55) years and completed twenty (20) years of Page 3 City of Clearwater Pension Advisory Committee Meeting Minutes December 10, 2015 credited service; the date on which a participant has reached age sixty-five (65) years and completed ten (10) years of credited service; or the date on which a member has completed thirty (30) years of service regardless of age. For non-hazardous duty employees hired on or after the effective date of this restatement, a member shall be eligible for retirement following the earlier of the date on which a participant has reached the age of sixty (60) years and completed twenty-five (25) years of credited service; or the date on which a participant has reached the age of sixty-five (65) years and completed ten (10) years of credited service. Mr. Gomez will meet the non-hazardous duty criteria and begin collecting a pension in October 2026. Member Damico moved to recommend approval of the following request of employee Robin Gomez, City Auditor, to vest his pension as provided by Section 2.419 of the Employees' Pension Plan. The motion was duly seconded and carried unanimously. 4.3 Recommend approval of the following request of employees Paul Chute, Public Utilities Department, and Leonard Merritt, Police Department, for a regular pension as provided by Sections 2.416 and 2.424 of the Employees' Pension Plan. Paul Chute, Wastewater Treatment Plant Operator B, Public Utilities Department, was employed by the City on October 21, 1991, and his pension service credit is effective on that date. His pension will be effective December 1, 2015. Based on an average salary of approximately $43,364.14 over the past five years, the formula for computing regular pensions and Mr. Chute's selection of the 100% Joint and Survivor Annuity, this pension benefit will be approximately $24,601.80 annually. Leonard Merritt, Police Officer, Police Department, was employed by the City on February 6, 1995, and his pension service credit is effective on that date. His pension will be effective January 1, 2016. Based on an average salary of approximately $74,207.40 over the past five years, the formula for computing regular pensions and Mr. Merritt's selection of the 100% Joint and Survivor Annuity, this pension benefit will be approximately $41,570.04 annually. Section 2.416 provides for normal retirement eligibility for non-hazardous duty employees hired prior to the effective date of this reinstatement (1/1/13), a member shall be eligible for retirement following the earlier of the date on which a participant has reached the age of fifty-five (55) years and completed twenty (20) years of credited service; the date on which a participant has reached age sixty-five (65) years and completed ten (10) years of credited service; or the date on which a member has completed thirty (30) years of service regardless of age. For non-hazardous duty employees hired on or after the effective date of this restatement, a member shall be eligible for retirement following the earlier of the date on which a participant has reached the age of sixty (60) years and completed twenty-five (25) years of credited service; or the date on which a participant has reached the age of sixty-five (65) years and completed ten (10) years of credited Page 4 City of Clearwater Pension Advisory Committee Meeting Minutes December 10, 2015 service. Mr. Chute has met the non-hazardous duty criteria. Section 2.416 provides for normal retirement eligibility for hazardous duty employees, a member shall be eligible for retirement following the earlier of the date on which the participant has completed twenty (20) years of credited service regardless of age, or the date on which the participant has reached fifty-five (55) years and completed ten (10) years of credited service. Mr. Merritt has met the hazardous duty criteria. Member Jensen moved to recommend approval of the following request of employees Paul Chute, Public Utilities Department, and Leonard Merritt, Police Department, for a regular pension as provided by Sections 2.416 and 2.424 of the Employees' Pension Plan. The motion was duly seconded and carried unanimously. 4.4 Continue informal hearing for Andrea Wells for non job-connected disability pension Human Resources Director Joe Roseto said the title of this item was incorrect, the informal hearing was scheduled for today. Andrea Wells, a former non-hazardous duty employee, applied for a non job-connected disability pension. He reviewed Code language re the Pension Plan. The City was unaware of any exclusions that would disqualify the application. Mr. Roseto said after Ms. Wells was out on family medical leave for an extended time, the City granted her a 6-month leave of absence. Following that, the City notified her that verification was necessary to extend the leave. The City was advised that Ms. Wells could return to work part-time with accommodations. As part of the interactive ADA (Americans with Disabilities Act) process, the City determined it could not provide the accommodations and scheduled an IME (Independent Medical Exam). The IME report indicated that Ms. Wells could not work and the City medically released her from employment. The assignment of other meaningful work was not an issue. In response to a question, Mr. Roseto said the City had not determined that Ms. Well's disability was permanent, the medical issue covered an extended period of time but was not necessarily permanent. Member Jonson moved to accept into evidence the entire file, inclusive of the personnel file, interrogatories, medical records, and the IME. The motion was duly seconded and carried unanimously. Andrea Wells said she could not collect unemployment benefits after her medical release as she was considered unfit for duty. She said she applied for Social Security and was awarded a disability benefit for PTSD, severe depression, and anxiety. She said she had a Masters Degree and never anticipated being in this position. She reviewed her difficulties in communicating with a priest and therapists. She said her condition continued to deteriorate and at times she could not differentiate between fantasy and reality. She said the IME report included factual errors and reviewed some of the discrepancies. Page 5 City of Clearwater Pension Advisory Committee Meeting Minutes December 10, 2015 Ms. Wells'cheerful personality at work was recalled and sympathy was expressed for her situation. It was stated that Human Resources had determined the City could not provide Ms. Wells with recommended accommodations nor keep her on the books forever. It was noted the file included differing opinions re the permanency of her condition. It was stated the majority of physicians disagreed with the IME report. Member Jensen moved that Andrea Wells met the requirements for a disability pension as she is disabled due to sickness or injury, such disability is likely to be continuous and permanent from a cause other than those listed as general disability exclusions, and such disability renders the participant unable to perform any useful, meaningful and necessary work for the employer in an available position for which the participant is reasonably qualified or for which the participant may be reasonably trained to perform. The motion was duly seconded. In response to a question, Mr. Roseto could not recall the Committee approving at an informal session a disability pension application with conflicting medical opinions. He said the Committee did not need to schedule a formal hearing if they felt sufficient documentation had been provided. Ms. Wells said the City had provided her transportation to the IME, which had made her feel as if she was in custody. She said the IME doctor was annoyed at her because of her silence. She said she was distrustful of him, felt she was being held against her will, and was terrified he might haul her off to a hospital. She said she realized later it was stupid not to talk to him, previously, a doctor had held her against her will. Mr. Roseto said Ms. Wells had felt incapable of driving to the IME in Lutz, the City arranged a driver and vehicle to transport her there and back. A number of medical providers said Ms. Wells could do some work with accommodations. It was noted a second doctor had opined that Ms. Wells'condition may improve. It was felt a formal hearing was appropriate. It was stated the issue had resolved itself as the IME doctor had said that Ms. Wells could return to work with accommodations but the City could not provide them. It was noted the IME doctor had said Ms. Wells only could work part-time, which would make her ineligible for the Pension Plan. It was stated it was not clear if Ms. Wells'condition was permanent as required by Code. Upon the vote being take, Members Jensen, Damico, and Newland voted 'Aye'; Members Hock-DiPolito and Jonson and Chair Hightower voted "Nay."Motion failed. It was stated a decision should not be delayed. Mr. Roseto said there was insufficient time to prepare for a formal hearing by January as the Pension's legal representatives were preparing the Anderson case. Ms. Wells said she had nothing and no realistic expectation of retaining legal Page 6 City of Clearwater Pension Advisory Committee Meeting Minutes December 10, 2015 representation. She said it was hard for her to go out; she only left her home once a month to go to the food bank. Member Jonson moved to continue the informal hearing for Andrea Wells request for a non job- connected disability pension to January 14, 2015. The motion was duly seconded and carried unanimously. 5. Old Business Item: None. 6. Director's Report Mr. Roseto wished all "Happy Holidays." 7. Committee Members to be Heard Member Jonson requested that the City's website page re the Pension Plan include a link to applicable Code sections. 8. Adjourn The meeting adjourned at 9:46 a.m. Attest: Chair Pension Advisory Committee Board Repo Page 7 City of Clearwater