01/14/2016 Pension Advisory Committee Meeting Minutes January 14, 2016
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
e
Meeting Minutes
Thursday, January 14, 2016
9:00 AM
Council Chambers - City Hall
Pension Advisory Committee
Page 1
City of Clearwater
Pension Advisory Committee Meeting Minutes January 14, 2016
Roll Call
Present 6 - Chair Nathan Hightower, Vice Chair Tom Jensen Committee Member
Doreen Hock-DiPolito, Committee Member Hoyt Hamilton, Committee
Member Bill Jonson, and Board Member Laura Damico,
Absent 1 - Board Member Greg Newland
Also Present Joe Roseto — Human Resources Director, Patricia O. Sullivan - Board
Reporter
1. Call To Order
The Chair called the meeting to order at 9:00 a.m. at City Hall.
2. Approval of Minutes
2.1 Approve minutes of December 10, 2015 Pension Advisory Committee meeting as
submitted in written summation.
Member Jensen moved to approve minutes of December 10, 2015
Pension Advisory Committee meeting as submitted in written
summation. 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
Jason Slanina, Marine Facility Operator, Marine and Aviation 11/28/2015
Coral Raymer, Customer Service Representative, Customer Service 11/30/2015
Kyle Gaynes, Maintenance Worker, General Services 11/30/2015
Samantha Trinh, Librarian I, Library Department 11/30/2015
Eleni Protopapadakis, Police Comm. Operator Trainee, Police Dept. 11/30/2015
Judith Thompson, Senior Accountant, Finance Department 12/07/2015
Quang Trinh, Network Analyst, Information Technology 12/14/2015
Terrence Blackwell *, Solid Waste Worker, Solid Waste Department 12/14/2015
Bonita Amen **, Legal Staff Assistant, Legal Department 12/14/2015
Myrakale Sharp, Customer Service Representative, Customer Service 12/28/2015
Lelia Peterson, Recreation Specialist, Parks and Recreation 12/28/2015
Aaron Goodwine ***, Solid Waste Equipment Operator, Solid Waste 12/28/2015
* Terrence Blackwell was employed in a temporary position from 09/08/2015 to 12/13/2015. He
was hired into a full time position 12/14/2015 and will be eligible for pension as of 12/14/2015.
Page 2
City of Clearwater
Pension Advisory Committee Meeting Minutes January 14, 2016
** Bonita Amen was employed in a part time position from 12/15/2014 to 12/13/2015. She was
hired into a full time position 12/14/2015 and will be eligible for pension as of 12/14/2015.
*** Aaron Goodwine was previously employed with the City of Clearwater, resigned effective
07/25/2015, rescinded resignation and was rehired 12/28/2015; he will be eligible for pension as
of 12/28/2015.
Member Hock-DiPolito 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 Christopher Topping, Solid
Waste General Services Department, to vest his pension as provided by Section
2.419 of the Employees' Pension Plan.
Christopher Topping, Tradesworker, Solid Waste General Services, was
employed by the City on November 17, 2003 and began participating in the
Pension Plan on that date. Mr. Topping terminated from City employment on
January 1, 2016.
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 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. Topping will
meet the non-hazardous duty criteria and begin collecting a pension in March
2022.
Member Damico moved to recommend approval of the following
request of employee Christopher Topping, Solid Waste General
Page 3
City of Clearwater
Pension Advisory Committee Meeting Minutes January 14, 2016
Services Department, 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 Randall Britt, Public
Utilities Department, Cindy Geary, Gas Department, Bradley Golomb, Fire
Department, Wilfred Jones, Solid Waste General Services Department, Thomas F.
Miller, Police Department, Larry Roberts, Engineering Department, Brian Stratton,
Public Utilities Department; and Rodney Wilt, Fire Department for a regular pension
as provided by Sections 2.416 and 2.424 of the Employees' Pension Plan.
Randall Britt, Public Utilities Tech III, Public Utilities Department, was
employed by the City on September 12, 1988, and his pension service credit is
effective on that date. His pension will be effective February 1, 2016. Based on an
average salary of approximately $56,375.71 over the past five years, the formula for
computing regular pensions and Mr. Britt's selection of the Joint and Survivor
Annuity, this pension benefit will be approximately $42,453.24 annually.
Cindy Geary, Senior Staff Assistant, Gas Department, was employed by the
City on August 30, 1999, and her pension service credit is effective on that
date. Her pension will be effective March 1, 2016. Based on an average salary of
approximately $32,835.01 over the past five years, the formula for computing regular
pensions and Ms. Geary's selection of the Life Annuity, this pension benefit will be
approximately $14,901.36 annually.
Bradley Golomb, Fire Medic, Fire Department, was employed by the City on
January 15, 1990, and his pension service credit is effective on that date. His
pension will be effective February 1, 2016. Based on an average salary of
approximately $72,286.81 over the past five years, the formula for computing regular
pensions and Mr. Golomb's selection of the 100% Joint and Survivor Annuity, this
pension benefit will be approximately $50,784.48 annually.
Wilfred Jones, Solid Waste Equipment Operator, Solid Waste General
Services Department, was employed by the City on September 5, 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 $38,287.48 over the
past five years, the formula for computing regular pensions and Mr. Jones' selection
of the 75% Joint and Survivor Annuity with a 10% Partial Lump Sum, this pension
benefit will be approximately $18,457.20 annually.
Thomas F. Miller, Police Officer, Police Department, was employed by the
City on July 26, 1982, and his pension service credit is effective on that date.
His pension will be effective February 1, 2016. Based on an average salary of
approximately $89,264.70 over the past five years, the formula for computing regular
pensions and Mr. Miller's selection of the 100% Joint and Survivor Annuity, this
pension benefit will be approximately $80,286.00 annually.
Page 4
City of Clearwater
Pension Advisory Committee Meeting Minutes January 14, 2016
Larry Roberts, Street Sweeper Operator, Engineering Department, was
employed by the City on April 4, 1988, and his pension service credit is
effective on that date. His pension will be effective February 1, 2016.
Based on an average salary of approximately $48,051.52 over the past five
years, the formula for computing regular pensions and Mr. Robert' selection of
the 66 2/3% Joint and Survivor Annuity, this pension benefit will be approximately
$37,374.96 annually.
Brian Stratton, Water Distribution Operator, Public Utilities Department,
was employed by the City on September 23, 1985, 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 $44,390.23 over the past five
years, the formula for computing regular pensions and Mr. Stratton's selection
of the 50% Joint and Survivor Annuity, this pension benefit will be approximately
$38,113.68 annually.
Rodney Wilt, Fire Lieutenant, Fire Department, was employed by the City on
October 5, 1987, and his pension service credit is effective on that date. His
pension will be effective February 1, 2016. Based on an average salary of
approximately $81,467.52 over the past five years, the formula for computing
regular pensions and Mr. Wilt's selection of the 100% Joint and Survivor Annuity,
this pension benefit will be approximately $61,896.00 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 service. Mr. Britt, Ms
Geary, Mr. Jones, Mr. Roberts and Mr. Stratton have 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.
Golomb, Mr. Miller and Mr. Wilt have met the hazardous duty criteria.
Page 5
City of Clearwater
Pension Advisory Committee Meeting Minutes January 14, 2016
Member Hock-DiPolito moved to recommend approval of the
following request of employees Randall Britt, Public Utilities
Department, Cindy Geary, Gas Department, Bradley Golomb, Fire
Department, Wilfred Jones, Solid Waste General Services
Department, Thomas F. Miller, Police Department, Larry Roberts,
Engineering Department, Brian Stratton, Public Utilities
Department; and Rodney Wilt, Fire 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 reviewed the committee's discussion and
actions on December 10, 2015, stating he had read applicable Code into the record
and the PAC (Pension Advisory Committee) had accepted Andrea Wells'entire file
into evidence. In response to a question, he said a formal hearing could not occur
before April.
Support was expressed for the application based on the opinions of 3 doctors that
Andrea Wells'disability was permanent, that the IME (Independent Medical Exam)
doctor opined she was disabled and could not return to work, and the annual
recertification process would determine if she had recovered from her disability. It
was questioned how a Plan participant could be so disabled that doctors concluded
that person was unable to work and the Pension Plan then finding that person not to
be disabled. In regard to permanency, it was noted the PAC attorney had opined in
past cases that the PAC could not compel a disability pension applicant to undergo
a medical procedure that would cure the disability. It was stated that PAC decisions
needed to be consistent.
It was commented that each case was different as the PAC could require a Pension
Plan participant with a broken leg to have it set to cure that disability. It was noted
the PAC had required a Pension Plan participant to follow through on some IME
doctor recommendations before approving the disability application.
Support for a formal hearing was expressed based on requirements of the Code that
the disability be continuous and permanent, the reports, the unwillingness of the
applicant to take advantage of reasonable methodology, and concerns that the
PAC could not foresee if the disability was permanent. It was stated the IME
physician had opined that the applicant was not permanently disabled and the
condition was treatable.
It was stated that nothing in the record justified the committee from denying this
request and the referenced participant required to follow through on some IME
doctor recommendations had not initiated any treatments before appearing before
the PAC. It was commented that without an unusual unforeseen change, the
disability was permanent. It was noted that the City had no jobs for anyone who
Page 6
City of Clearwater
Pension Advisory Committee Meeting Minutes January 14, 2016
could not interact with others and the public.
Member Damico 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 reviewed the recertification process. He said
disabled pensioners had no obligation to submit to IMEs. It was stated there was a
strong likelihood that disabled pensioners could find a physician who would
verify that the total disability continued. It was requested that Mr. Roseto check with
the Pension Plan attorney re updating the Code to provide the PAC the ability to
mandate IMEs as part of the recertification process.
Upon the vote being taken, Members Jensen, Hamilton, and
Damico voted "Aye"; Members Jonson and Hock-DiPolito and
Chair Hightower voted "Nay." Motion failed.
Member Damico moved to continue the informal hearing for Andrea
Wells for non job-connected disability pension until 7 members are
present. Members Jensen Hamilton, and Damico voted "Aye";
Members Jonson and Hock-DiPolito and Chair Hightower voted "Nay."
Motion failed.
In response to a question if a Board Member could bring this item up for
a vote if it was not noticed, Mr. Roseto said Member Jonson would not
be present at the February 11, 2016 meeting. The Chair said the tie vote
automatically meant that a formal hearing would be scheduled and
requested that the formal hearing be scheduled as soon as possible.
4.5 Informal hearing for James Schaus for job-connected disability pension
Mr. Roseto reviewed James Schaur's application for a job-connected
disability pension and requirements of the Code. Mr. Schaus was injured
on the job. None of the listed exclusions applied.
Member Jensen 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.
It was noted the IME physician had opined it was not safe for the
applicant to return to his prior occupation at this point of time and it was
Page 7
City of Clearwater
Pension Advisory Committee Meeting Minutes January 14, 2016
not safe for the applicant to return to a rigorous occupation. It was felt
the applicant's condition was permanent. It was stated that the physical
appearance of the applicant had changed markedly since he was hired.
It was commented that the applicant had undergone medical procedures
for relief but they had not been successful. Disappointment was
expressed that after the applicant had fallen 20 feet while weighted down with
equipment, the Fire Department had not followed protocol and transported him
to a trauma center but instead had sent him by ambulance to Morton Plant Hospital.
Consensus was to act on the request.
Member Hock-DiPolito moved that James Schaus met the
requirements for a job-related disability pension as he was
disabled by reason of an injury suffered or an illness contracted in
the line of duty, such disability is likely to be continuous and
permanent from a cause other than those listed as general
disability exclusions, and he is unable, by reason of a medically
determinable physical or mental impairment, to render useful and
efficient service as a police officer or firefighter. The motion was
duly seconded and carried unanimously.
Members thanked Mr. Schaus for his service to the City and wished him
well.
5. Old Business Item
Mr. Roseto said in February he would request the PAC to schedule a
formal hearing for Matthew Anderson in March.
Member Jonson moved to schedule a formal hearing re Matthew
Anderson's job-connected disability pension application for March 10,
2016. The motion was duly seconded and carried unanimously.
6. Director's Report
Mr. Roseto said a link to the Pension Plan section of Code was added to
the front page of the City's Intranet website.
Page 8
City of Clearwater
Pension Advisory Committee Meeting Minutes
7. Committee Members to be Heard
Members sent Happy New Year greetings.
8. Adjourn
January 14, 2016
Members Jonson and Hock - DiPolito thanked Ms. Wells for her service to
the City, noting a formal hearing was necessary due to technicalities of
the Code.
The meeting adjourned at 9:45 a.m.
City of Clearwater
hair
/
Pension Advisory Committee
Page 9