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03/11/2021 Pension Advisory Committee Meeting Minutes March 11, 2021 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, March 11, 2021 9:00 AM Main Library - Council Chambers Pension Advisory Committee Page 1 City of Clearwater Pension Advisory Committee Meeting Minutes March 11, 2021 Roll Call Present 7 - Chair Nathan Hightower, Vice Chair Greg Newland, Committee Member Hoyt Hamilton, Committee Member April Eversole, Committee Member Frank Hibbard, Committee Member Mark Bunker, and Committee Member Gregory Record Also Present - Stuart Kaufman —Attorney for the Committee attended via phone, Jennifer Poirrier— 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 the Main Library. 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, 2021 Pension Advisory Committee meeting as submitted in written summation. Member Newland moved to approve minutes of January 14, 2021 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 Robert Mitchell, Recreation Leader, Parks and Recreation 01/19/2021 David McMullen, Parking Enforcement Specialist. Engineering 02/16/2021 Hunter Walke, Pool Lifeguard, Parks and Recreation 02/01/2021 Alexa Walling, Customer Service Rep, Customer Service 01/25/2021 Aaron Braley, Sr. Accountant, Marine and Aviation 01/04/2021 Michael MacDonald, Account Collector, Customer Service 01/04/2021 David Kadau, Fire Division Chief, Fire 01/04/2021 Fredy Torres-Carrillo, Parks Service Technician, Parks and Recreation 01/04/2021 Donna Cowley, Customer Service Rep, Customer Service 01/19/2021 Jessica Reyes, Customer Service Rep, Customer Service 01/19/2021 Leonard Sala, Stormwater Technician. Engineering /Stormwater 01/19/2021 Amanda Santiago, Personnel/Payroll Tech, Parks and Recreation 01/19/2021 May Bergeson, Police Telecom municator, Police 02/01/2021 Avery Fennell, Police Telecom municator, Police 02/01/2021 Ransome Walker, Solid Waste Worker, Solid Waste 02/01/2021 Caleb Bishoff, Stormwater Technician, Engineering /Stormwater 02/16/2021 Vincent Carlo, Parking Enforcement Specialist, Engineering 02/16/2021 Member Hibbard moved to recommend approval of the new hires Page 2 City of Clearwater Pension Advisory Committee Meeting Minutes March 11, 2021 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 employees Patricia Kuligowski, City Council Department, Lesa Phillips, Police Department and Brian Swartz, Fire Department to vest their pensions as provided by Section 2.419 of the Employees' Pension Plan. Patricia Kuligowski, Executive Assistant, City Council Department, was employed by the City on November 27, 2006, and began participating in the Pension Plan on that date. Ms. Kuligowski terminated from City employment on January 26, 2021. Lesa Phillips, Police Officer, Police Department, was employed by the City on January 12, 2004, and began participating in the Pension Plan on that date. Ms. Phillips terminated from City employment on January 22, 2021. Brian Swartz, Firefighter/Driver-Operator, Fire Department, was employed by the City on June 3, 2002, and began participating in the Pension Plan on that date. Mr. Swartz terminated from City employment on May 28, 2020. 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. Ms. Kuligowski will meet the non-hazardous duty criteria and begin collecting a pension in February 2026. 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. Ms. Phillips will meet the hazardous duty criteria and begin collecting pension in February 2024 and Mr. Swartz will meet the hazardous Page 3 City of Clearwater Pension Advisory Committee Meeting Minutes March 11, 2021 duty criteria and begin collecting pension in July 2022. Member Hibbard moved to recommend approval of the following request of employees Patricia Kuligowski, City Council Department, Lesa Phillips, Police Department and Brian Swartz, Fire Department to vest their 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 Amelia Adams, Financial and Budget Operations Department, Richard Garbe, Gas Department, Ricky Hess, Engineering Department, Randy Higgins, Engineering Department, William Howard, Public Utilities Department, Andre Lambert, Engineering Department, Jean Louis, IT Department, Donald Magness, Fire Department, Trevor Murray, Fire Department, Kevin O'Neill, Fire Department and David Powers, Solid Waste and General Services Department, for a regular pension as provided by Sections 2.416 and 2.424 of the Employees' Pension Plan. Amelia Adams, Senior Accounting Technician, Financial and Budget Operations Department, was employed by the City on January 31, 2011 and her pension service credit is effective on that date. Her pension will be effective March 1, 2021. Based on an average salary of approximately $32,738.16 over the past five years, the formula for computing regular pensions and Ms. Adams' selection of the Life Annuity, this pension benefit will be approximately $9,068.04 annually. Richard Garbe, Gas System Specialist, Gas Department, was employed by the City on January 13, 1992 and his pension service credit is effective on that date. His pension will be effective February 1, 2021. Based on an average salary of approximately $77,071.77 over the past five years, the formula for computing regular pensions and Mr. Garbe's selection of the 75% Joint and Survivor, this pension benefit will be approximately $61,857.24 annually. Ricky Hess, Environmental Code Enforcement Inspector, Engineering Department, was employed by the City on July 22, 1996 and his pension service credit is effective on that date. His pension will be effective February 1, 2021. Based on an average salary of approximately $55,800.76 over the past five years, the formula for computing regular pensions and Mr. Hess' selection of the 100% Joint and Survivor Annuity, this pension benefit will be approximately $33,795.12 annually. Randy Higgins, Stormwater Heavy Equip Operator, Engineering Department, was employed by the City on May 24, 1999 and his pension service credit is effective on that date. His pension will be effective May 1, 2021. Based on an average salary of approximately $41,469.16 over the past five years, the formula for computing regular pensions and Mr. Higgins' selection of the Life Annuity, this pension benefit will be approximately Page 4 City of Clearwater Pension Advisory Committee Meeting Minutes March 11, 2021 $25,016.04 annually. William Howard, Wastewater Treatment Plant Operator A, Public Utilities Department, was employed by the City on February 28, 2011 and his pension service credit is effective on that date. His pension will be effective March 1, 2021. Based on an average salary of approximately $46,631.97 over the past five years, the formula for computing regular pensions and Mr. Howard's selection of the 100% Joint and Survivor Annuity, this pension benefit will be approximately $10,867.32 annually. Andre Lambert, Traffic Sign and Marking Tech, Engineering 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 March 1, 2021. Based on an average salary of approximately $54,639.53 over the past five years, the formula for computing regular pensions and Mr. Lambert's selection of the 100% Joint and Survivor Annuity with a 30% partial lump sum, this pension benefit will be approximately $23,399.40 annually. Jean Louis, Sr Systems Programmer, IT Department, was employed by the City on February 14, 2011, and his pension service credit is effective on that date. His pension will be effective March 1, 2021. Based on an average salary of approximately $67,454.02 over the past five years, the formula for computing regular pensions and Mr. Louis' selection of the 10 Year Certain and Life Annuity, this pension benefit will be approximately $17,275.44 annually. Donald Magness, Fire District Commander, Fire Department, was employed by the City on January 23, 2006 and his pension service credit is effective on that date. His pension will be effective March 1, 2021. Based on an average salary of approximately $121,219.61 over the past five years, the formula for computing regular pensions and Mr. Magness' selection of the 100% Joint and Survivor Annuity, this pension benefit will be approximately $49,003.20 annually. Trevor Murray, Fire Medic, Fire Department, was employed by the City on July 24, 1995 and his pension service credit is effective on that day. His pension will be effective February 1, 2021. Based on an average salary of approximately $86,643.23 over the past five years, the formula for computing regular pensions and Mr. Murray's selection of the 100% Joint and Survivor Annuity with a 20% partial lump sum, this pension benefit will be approximately $47,341.68 annually. Kevin O'Neill, Fire District Commander, Fire Department, was employed by the City on January 23, 2006, and his pension service credit is effective on that date. His pension will be effective April 1, 2021. Based on an average salary of approximately $115,744.26 over the past five years, the formula for computing regular pensions and Mr. O'Neill's selection of the Page 5 City of Clearwater Pension Advisory Committee Meeting Minutes March 11, 2021 100% Joint and Survivor Annuity, this pension benefit will be approximately $46,828.68 annually. David Powers, Division Controller, Solid Waste and Recycling Department, was employed by the City on June 4, 1998 and his pension service credit is effective on October 11, 1999. His pension will be effective April 1, 2021. Based on an average salary of approximately $74,177.50 over the past five years, the formula for computing regular pensions and Mr. Powers' selection of the 100% Joint and Survivor Annuity, this pension benefit will be approximately $35,479.92 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. Ms. Adams, Mr. Garbe, Mr. Hess, Mr. Higgins, Mr. Howard, Mr. Lambert, Mr. Louis, and Mr. Powers 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. Magness, Mr. Murray and Mr. O'Neill have met the hazardous duty criteria. Member Newland moved to recommend approval of the following request of employees Amelia Adams, Financial and Budget Operations Department, Richard Garbe, Gas Department, Ricky Hess, Engineering Department, Randy Higgins, Engineering Department, William Howard, Public Utilities Department, Andre Lambert, Engineering Department, Jean Louis, IT Department, Donald Magness, Fire Department, Trevor Murray, Fire Department, Kevin O'Neill, Fire Department and David Powers, Solid Waste and General Services 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 Informal hearing for Stephanie Vilar request for job-connected disability pension Attorney for the Committee Stuart Kaufman reviewed the Code and PAC approval requirements for job-connected disability pension applications. Attorney Kaufman said the City hired Stephanie Vilar as a Police Officer on Page 6 City of Clearwater Pension Advisory Committee Meeting Minutes March 11, 2021 December 20, 1999. He said Ms. Vilar's application for a job-connected disability pension stated her disability occurred when she injured her back while on duty during an August 2013 auto accident. He said Dr. Michael Smith's IME (Independent Medical Exam) report referenced Ms. Vilar's November 2011 medical reports re previous back injuries and opined that Ms. Vilar was totally and permanently disabled and unable to perform the duties of a Police Officer. His opinion that Ms. Vilar's disability was not job connected conflicts with other medical paperwork. Attorney Kaufmann said several of Drs. Webb and Farrar's medical records may be missing from the package. Attorney Jason Fox, representing Stephanie Vilar, said he had no procedural issues and the hearing could proceed. Member Newland moved to accept into evidence the entire file, inclusive of the application, personnel file, interrogatories, medical records, and the IME. The motion was duly seconded and carried unanimously. Attorney Fox said all doctors agreed that Ms. Vilar was permanently disabled and could not perform the duties of a Police Officer. He said competent substantial evidence indicated Ms. Vilar's disability occurred in the line of duty. He said Ms. Vilar had received medical treatment for her back injuries through Workers' Compensation since 2013, Worker's Compensation doctors reported her disability was job-connected. He said during her first 13 years of Police Service, Ms. Vilar was in 6 on-the-job auto accidents. He said her back injuries from the multiple accidents were exacerbated by wearing her 35-pound duty belt, she was first treated for back pain related to her duty belt in 2011. Attorney Fox said the IME doctor had spent 10 minutes with Ms. Vilar during her single visit, focusing solely on her 2013 vehicle accident without considering the entirety of her medical record. Attorney Fox said thousands of pages of medical records supported her claim for a job-connected disability pension. In response to questions, Attorney Fox said the IME's conclusion did not reference auto accidents prior to 2013. He said there was no evidence that Ms. Vilar had suffered any injury other than those caused by her job-connected auto accidents and duty belt issues. He said Ms. Vilar's disability had not occurred spontaneously nor was it age-related. He said while doctors had recommended she undergo invasive surgery, Ms. Vilar had had multiple injections and followed medical recommendations to avoid multi-level spine fusion surgery. He said Ms. Vilar was able to do her job when hired. Attorney Kaufman said case law did not require applicants to submit to surgery to cure a disability. He said while Attorney Fox had said that multiple Page 7 City of Clearwater Pension Advisory Committee Meeting Minutes March 11, 2021 vehicle accidents and wearing her duty belt had caused Ms. Vilar's disability, her application indicated her August 2013 auto accident had caused her disability. Member Hibbard moved that Stephanie Vilar met the requirements for a disability pension as she is disabled due to 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 render useful and efficient service as a police officer. The motion was duly seconded. Concerns were expressed that Dr. Smith had spent little time examining Ms. Vilar, all other doctors concluded that Ms. Vilar's disability was job-connected, Workers' Compensation doctors'opinions that Ms. Vilar's disability was job-connected were noteworthy as Workers' Compensation doctor opinions often did not favor workers. It was stated the amount of time the IME doctor spent with Ms. Vilar was anecdotal. Upon the vote being taken, the motion carried unanimously. Member Newland moved that Stephanie Vilar met the requirements for a job-related disability pension as she was disabled by reason of an injury in the line of duty, and such disability is likely to be continuous and permanent. The motion was duly seconded. In response to a question, Human Resources Director Jennifer Poirrier said Attorney Kaufman's comments reflected the City's position. It was commented that in comparison to normal people, Police Officers were subject to unique physical experiences, such as multiple car accidents and required pistol practice. It was noted that every Police Officer suffered some level of hearing loss at the end of their career, it was one of those things. It was stated the committee did not have sufficient information to determine why the 2013 accident caused Ms. Vilar's disability and not the other accidents. Concern was expressed that Ms. Vilar's attorney's arguments that a compellation of auto accidents and aggravation from wearing her duty belt had caused her disability were inconsistent with Ms. Vilar's disability application that identified the August 2013 auto accident as the cause of her disability. It was stated that additional information was needed regarding the basis for determining that the 2013 accident had caused Ms. Vilar's disability and how the IME doctor had determined that Ms. Vilar's injuries in the August 2013 vehicle accident were not job related. Support was expressed for holding a formal hearing to answer member questions and to meet member fiduciary responsibilities. Page 8 City of Clearwater Pension Advisory Committee Meeting Minutes March 11, 2021 It stated it would have been extremely difficult for Ms. Vilar to perform the duties of a Police Officer while wearing her heavy duty belt and contending with debilitating spinal injuries. Concern was expressed that medical reports contradicted the vehicle speed at the time of the accident. It was stated that Ms. Vilar's disability was job-related as it was caused by a variety of injuries from multiple on-the-job auto accidents combined with her wearing a heavy duty work belt. It was commented that it was not unreasonable to conclude that Ms. Vilar's 2013 on-the-job accident had exacerbated her previous back injuries sufficiently to disable her. Attorney Fox said after years of multiple work-related back traumas from auto accidents inflamed by wearing a heavy duty work belt not anatomically designed for women, Ms. Vilar's 2013 auto accident had aggravated her previous back injuries to the point that she had to seek Workers' Compensation assistance, Ms. Vilar continued treatment for 7— 8 years with Workers' Compensation doctors who all opined that her injuries were work related. He said Ms. Vilar had pushed through the pain until she could no longer manage. He said Ms. Vilar's file contained adequate information to support a finding that her disability was job-connected. Attorney Kaufman said Ms. Vilar's application and interrogatories only cited one on-duty auto accident as the cause of her disability, not a culmination of injuries. Upon the vote being taken, Members Newland, Eversole, Bunker, and Record voted "Aye"; Members Hamilton and Hibbard and Chair Hightower voted "Nay." Motion carried. Members thanked Ms. Vilar for her service. 4.5 Informal hearing for Scott Fowler request for job-connected disability pension Attorney for the Committee Stuart Kaufman reviewed the Code. He said the City hired Scott Fowler as a Police Officer on December 15, 2020. He said Mr. Fowler reported he had a widow maker heart attack on November 17, 2019 while wrestling a suspect during an arrest. He said Mr. Fowler had stents inserted into his heart and applied for a job-connected disability pension. Attorney Kaufman said Florida State Law presumed that Mr. Fowler's heart condition was an in the line of duty disability unless contrary evidence was presented. He said Mr. Fowler's February 27, 2021 IME report indicated his disability was job-connected, total and permanent. Member Hamilton moved to accept into evidence the entire file, inclusive of the application, personnel file, interrogatories, medical records, and the IME. The motion was duly seconded and carried unanimously. Page 9 City of Clearwater Pension Advisory Committee Meeting Minutes March 11, 2021 Attorney Jason Fox, representing Scott Fowler, reviewed Mr. Fowler's disability and State law, noting his heart attack had occurred in the line of duty. He expressed concern the IME doctor had not received all of Mr. Fowler's medical records prior to his exam. Member Hibbard moved that Scott Fowler 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 impairment, to render useful and efficient service as a police officer. The motion was duly seconded and carried unanimously. Members thanked Mr. Fowler for his service and wished him well. Attorney Kaufman commended the PAC for carrying out their fiduciary duties as intended. 4.6 Appoint Ellen Ayo, Kyle Mueller, John Klinefelter, Greg Bowen and Denise Balog to serve as the PAC Election Committee with John Klinefelter serving as Chairman. (employee only item) Member Ebersole moved to appoint Ellen Ayo, Kyle Mueller, John Klinefelter, Greg Bowen and Denise Balog to serve as the PAC Election Committee with John Klinefelter serving as Chairman. The motion was duly seconded. Members Newland, Eversole, and Record voted "Aye"; Motion carried unanimously. 5. Old Business Items: None. 6. Director's Report Ms. Poirrier said as the PAC's next meeting was in May, a special meeting may be scheduled to hear a pending disability application. 7. Board Members to be Heard: None. 8. Adjourn Attest: The meeting adjourned at 9:51 a. 1 Chair, Pension Advisry Committee Board Report City of Clearwater Page 10