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02/11/2016 Pension Advisory Committee Meeting Minutes February 11, 2016 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 e Meeting Minutes Thursday, February 11, 2016 9:00 AM Council Chambers - City Hall Pension Advisory Committee Page 1 City of Clearwater Pension Advisory Committee Meeting Minutes February 11, 2016 Roll Call Present 5 - Vice Chair Tom Jensen, Committee Member Doreen Hock-DiPolito, Committee Member Hoyt Hamilton, Board Member Laura Damico, and Board Member Greg Newland Absent 2 - Chair Nathan Hightower and Committee Member Bill Jonson Also PresentStuart Kaufman —Attorney for the Committee, Joe Roseto — Human Resources Director, Patricia O. Sullivan - Board Reporter 1. Call To Order 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 2.1 Approve minutes of January 14, 2016 Pension Advisory Committee meeting as submitted in written summation. Member Hock-DiPolito moved to approve minutes of January 14, 2016 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 Beisel, Public Information Coordinator, Public Communications 1/06/2016 Marissa Prosser *, Recreation Leader, Parks and Recreation 1/09/2016 Donna Kenny, Customer Service Coordinator, Customer Service 1/11/2016 Joseph Heaton, Fleet Mechanic, General Services 1/11/2016 William Pancoe, Plumber, General Services 1/11/2016 Johnareus Young, Parks Service Technician I, Parks and Recreation 1/11/2016 Myles Collier, Parks Service Technician I, Parks and Recreation 1/11/2016 Erik White, Utilities Mechanic, Public Utilities 1/11/2016 Paul Toffolo, Electronics Technician, Public Utilities 1/11/2016 Hatem Elgendy, Utilities Chemist, Public Utilities 1/11/2016 Patrick Flynn, Wastewater Treatment Plant Operator Trne, Public Utilities 1/11/2016 Kevin Dubie, Solid Waste Equipment Operator, Solid Waste 1/11/2016 Robert Bostick, Jr.**, Solid Waste Worker, Solid Waste 1/11/2016 Page 2 City of Clearwater Pension Advisory Committee Meeting Minutes February 11, 2016 Amber Brice ***, Library Programming Specialist, Library 1/11/2016 Justin Bowman, Utilities Chemist, Public Utilities 1/25/2016 Brandon Coulter, Utilities Mechanic, Public Utilities 1/25/2016 Michael Shumaker, Recreation Supervisor II, Parks and Recreation 1/25/2016 John Cassidy, Wastewater Treatment Plant Operator Trne, Public Utilities 1/25/2016 Tim Sunderman, Wastewater Treatment Plant Operator Trne, Public Utilities 1/25/2016 * Marissa Prosser was employed in a temporary part-time position from 08/24/2015 to 01/08/2016. She was hired into a full time position 01/09/2016 and will be eligible for pension as of 01/09/2016. ** Robert Bostick, Jr. was employed in a temporary part-time position from 09/08/2015 to 01/10/2016. He was hired into a full time position 01/11/2016 and will be eligible for pension as of 01/11/2016. *** Amber Brice was employed in a part time position from 01/26/2015 to 01/10/2016. She was hired into a full time position 01/11/2016 and will be eligible for pension as of 01/11/2016. Member Damico moved to recommend approval of the new hire 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 Dewayne Broadwater, Parks and Recreation Department to vest his pension as provided by Section 2.419 of the Employees' Pension Plan. Dewayne Broadwater, Spray Technician III, Park and Recreation Department, was employed by the City on October 16, 1995, and began participating in the Pension Plan on that date. Mr. Broadwater will terminate from City employment on February 16, 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 Page 3 City of Clearwater Pension Advisory Committee Meeting Minutes February 11, 2016 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. Broadwater will meet the non-hazardous duty criteria and begin collecting a pension in November 2016. Member Damico moved to recommend approval of the following request of employee Dewayne Broadwater, Parks and Recreation 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 Continue informal hearing for Andrea Wells for non job-connected disability pension Member Hamilton moved to hear Item 4.3 after other New Business Items. The motion was duly seconded and carried unanimously. Human Resources Director Joe Roseto said at the last two PAC (Pension Advisory Committee) meetings, the final votes were tied at both hearings re Andrea Wells'non job-connected disability pension request. On January 14, 2016, the Chair said the tie vote automatically moved the request to a formal hearing. Mr. Roseto sent an email to members indicating the item had to be continued to today as PAC Policies and Procedures required four votes for any decision. Attorney for the Committee Stuart Kaufman said the PAC could amend its Policies and Procedures Manual. He said Florida law and City Code did not require four votes for action. Attorney Kaufman said the Committee could refer this request to a formal hearing, grant the disability pension, or determine that more evidence or information were required. He said the totality of the disability had been established but it was up to the Committee to determine which of the conflicting medical evidence re the permanence of Andrea Wells'condition was more credible. In response to a question, he said a formal hearing could be scheduled in three - four months. Discussion ensued with a recommendation that the case be referred to a formal hearing due to the past Committee impasse and comments that an impasse had not occurred as two members who favored granting the disability pension were each absent for one of the two previous votes; four supporting votes were present today. It was stated it was regretful that all members were not present to explain their positions. It was hoped that Ms. Wells could get to a better place in her life now. Regret was expressed that the Committee's decision was not timelier, but it was noted that members took their roles seriously. Page 4 City of Clearwater Pension Advisory Committee Meeting Minutes February 11, 2016 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. Members Hamilton, Damico, and Newland and Vice Chair Jensen voted "Aye"; Member Hock-DiPolito voted "Nay." Motion carried. 4.4 Recommend approval of the following request of employees Jennifer Mortell, Library Department, and Tereasa Roose, Library Department, for a regular pension as provided by Sections 2.416 and 2.424 of the Employees' Pension Plan. Jennifer Mortell, Librarian II, Library Department, was employed by the City on January 12, 2004, and her pension service credit is effective on that date. Her pension will be effective April 1, 2016. Based on an average salary of approximately $45,249.46 over the past five years, the formula for computing regular pensions and Ms. Mortell's selection of the 100% Joint and Survivor Annuity, this pension benefit will be approximately $12,847.08 annually. Tereasa Roose, Librarian III, Library Department, was employed by the City on April 29, 1996, and her pension service credit is effective on that date. Her pension will be effective May 1, 2016. Based on an average salary of approximately $49,311.76 over the past five years, the formula for computing regular pensions and Ms. Roose's selection of the Life Annuity, this pension benefit will be approximately $27,125.16 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. Ms. Mortell and Ms. Roose have met the non-hazardous duty criteria. Member Hock-DiPolito moved to recommend approval of the following request of employees Jennifer Mortell, Library Page 5 City of Clearwater Pension Advisory Committee Meeting Minutes February 11, 2016 Department, and Tereasa Roose, Library 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. 4.5 Review and action on request from survivor/beneficiary of Jessie Croskey for non job-connected disability pension Mr. Roseto said Jessie Coskey had been a long-term employee when he suddenly passed away. Mr. Coskey's mother, his beneficiary who qualified to receive his death benefit, chose a pension benefit rather than a lump sum. Mr. Roseto said Code permitted the routine approval of this request. Member Damico moved to recommend approval of the request from the survivor/beneficiary of Jessie Croskey for a non job-connected disability pension. The motion was duly seconded and carried unanimously. 5. Old Business Item Mr. Roseto referenced a discussion at the January 14, 2016 meeting. According to the PAC Policies and Procedures Manual, the PAC could compel pensioners to submit to IMEs (Independent Medical Exams) but could not compel disability applicants or disabled pensioners to undergo medical procedures. Attorney Kaufman reviewed cases where the PAC previously compelled disabled pensioners to submit to IMEs after their employment in hazardous duty occupations became known. He said the PAC should not compel a disabled pensioner to submit to an IME unless it is evident that person is engaged in work similar to the position they held with the City. He said before the PAC could order a disabled pensioner to submit to an IME, the City must be able to offer that person a position. It was stated if the PAC was unaware of a disabled pensioner's employment, there would be no catalyst for the Committee to order an IME. In response to a concern that the permanency of mental health disabilities was more difficult to ascertain than physical ones, Attorney Kaufman said the PAC could amend the Policies and Procedures to require pensioners with mental health disabilities to submit annual affidavits accompanied by a doctor's note confirming the ongoing disability. Concern was expressed that requiring a different treatment for the same class of employee could prove problematic. Mr. Roseto said some medical providers will verify anything a patient requests. Attorney Kaufman suggested the PAC could amend the Policies and Procedures to require all disabled pensioners to submit to IMEs every 5 years. It was requested that Attorney Kaufman forward language re that requirement Page 6 City of Clearwater Pension Advisory Committee for PAC review. Meeting Minutes February 11, 2016 Mr. Roseto said the PAC had adopted the Policies and Procedures in 2013 with little discussion. It was recommended that Committee member terms be extended to 4 years. Attorney Kaufman suggested the PAC could adopt a policy requiring disability pension applications to be referred to a formal hearing following 3:3 votes. A review of the PAC Policies and Procedures Manual will be scheduled for April 14, 2016. 6. Director's Report Attorney Kaufman invited members to attend his firm's March 6 — 9, 2016 conference. Mr. Roseto requested interested members to confirm their reservations and then contact him, Senior Pension Payroll Analyst Jennifer Moulton, or Finance Director Jay Ravins re travel reimbursement. 7. Committee Members to be Heard: None. 8. Adjourn The meeting adjourned at 9:38 a.m. City of Clearwater Chair Pension Advisory Committee Page 7